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RULES, REGULATIONS AND BY-LAWS 



HV 8363 
.A6 
1883 
Copy 1 



FOR THE 



GOVERNMENT AND DISCIPLINE 



OF THE 



TEXAS STATE PENITENTIARIES, 



AT 



Huntsyille and Rusk, Texas. 



AUSTIN: 

K. W. SWINDELLS, STATE PRINTER. 

1883. 



RULES, REGULATIONS AND BY-LAWS 



FOR THE 



GOVERNMENT AND DISCIPLINE 



OF THE 



TEXAS STATE PENITENTIARIES, 



AT 



Huntsville and Rusk, Texas. 



AUSTIN: 

E. W. SWINDELLS, STATE PRINTER. 

1883. 



TEXAS STATE PENITENTIARIES. 



j^* 43 

* -^ 

|i«* 



PENITENTIARY BOARD ! 

John Ireland, Governor, 

I. G. Searcy, Walter Tips, 

John T. Dickinson, Secretary, 

Austin, Texas. 



SUPERINTENDENT OF PENITENTIARIES I 

T. J. Goree, Huntsville, Texas. 

FINANCIAL AGENT OF PENITENTIARIES I 

Haywood Brahan, Huntsville, Texas. 



HUNTSVILLE PENITENTIARY! 

B. E. McCulloch, AssH Siip% Huntsville, Texas. 
I. W. Middlebrook, Inspector, Huntsville, Texas. 



RUSK PENITENTIARY 



-, AssH SupH, Rusk, Texas. 



D. M. Short, Inspector, Rusk, Texas. 



TEXAS STATE PENITENTIARIES 



HUNTSVILLE, WALKER COUNTY, AND RUSK, 
CHEROKEE COUNTY, TEXAS. 



RULES AND BY-LAWS, 

FOR THE CONTROL, MANAGEMENT AND DISCIPLINE OE THE 
TEXAS STATE PENITENTIARIES. 



PREAMBLE. 

The Penitentiary Board of the State of Texas, by virtue 
of the power vested in them by law, do hereby prescribe, 
enact, establish and promulgate the following rules, regu- 
lations, and by-laws for the better control, management 
and discipline of the Texas State Penitentiaries, and for 
the instruction and government of all officers, under officers, 
guards, employes, hirers and contractors of convict labor, 
and all others in any way connected with the State Peni- 
tentiaries and their management, or with the convicts be- 
longing thereto, either within or without the walls thereof, 
and the most careful and strict observance of the same is 
required and will be enforced. 

ARTICLE I. 

THE SUPERINTENDENT. 

Section 1. The Superintendent of Penitentiaries has 
general supervision and control over all convicts that may 
be imprisoned therein or operated outside the walls thereof, 
and over all under officers and guards connected therewith. 
He is the chief executive officer of the Penitentiaries, and 
as such, has all powers necessary to the discharge of his 
duties, subject only to the Penitentiary Board or to the Gov- 
ernor. He shall reside in a house to be known as the Su- 



4 Penitentiary Regulations. 

perintendent's House, west of and adjoining the Peniten- 
tiary at Huntsville, Texas, and shall keep his principal of- 
fice at said Penitentiary. 

Sec. 2. In the discharge of his duties, he is authorized 
to issue such orders and instructions as to him may seem 
for the best interest of the State, and the welfare of the 
convicts; provided, they do not conflict with the law, or the 
rules and regulations herein enacted. 

Sec. 3. In order that full and complete reports may be 
made to him, he shall have prepared and furnished to As- 
sistant Superintendents, Inspectors, Sergeants and others in 
charge of convicts, suitable blanks, on which they may 
make such accurate and full reports as may be required by 
him, or by these rules. 

Sec. 4 When the Sergeant, at an outside camp, and 
the Inspector, report a convict as physically unable to per- 
form the required labor, or as suffering from disease which 
cannot be properly treated in camp, then the Superintend- 
ent shall have the convict removed to a place where he can 
be safely kept and properly treated. 

Sec 5. The Superintendent has power, and it is his du- 
ty to discharge any Sergeant, guard, or employee, who is 
guilty of any mistreatment or abuse of a convict, or any 
violation of the law, or of these rules and regulations. 
He shall keep a list of all Sergeants and guards discharged 
or suspended, by any one having such authority, and shall 
from time to time furnish each Assistant Superintendent, 
Inspector and Sergeant with a copy of such list, in order 
that no one be employed as guard, while on such discharged 
list. This list to be known as the " Black List." 

Sec 6. The Superintendent shall, in conjunction with 
the Financial Agent, and under such regulations as the 
Penitentiary Board may prescribe, make contracts for the 
hire of convict labor either outside or inside the walls of 
the penitentiaries. He shall examine the monthly report of 
the Financial Agent to the Comptroller of Public Accounts, 
comparing the vouchers with the original entries on the 
books of the Financial Agent, and if correct, certify thereto, 
under his hand and official seal. During the absence or in- 



Penitentiary Regulations. 5 

ability of the Financial Agent to act, then the Superintend- 
ent shall discharge the duties of the Financial Agent. 



ARTICLE II. 

FINANCIAL AGENT. 

Section 1. The Financial Agent shall be the purchasing, 
selling and disbursing agent of the State Penitentiaries. 

Sec. 2. Before entering upon the discharge of his duties 
he shall give bond in the sum of twenty thousand dollars, 
for the faithful performance of his trust, with two or more 
good and sufficient sureties, to be approved by the Peni- 
tentiary Board, which shall be deposited in the office of the 
Secretary of State for safe keeping. 

Sec. 3. He shall, from time to time, receive all monies 
appropriated for the use of the Penitentiaries or either of 
them, and on his requisition, approved by the Penitentiary 
Board, the Comptroller of Public Accounts is authorized 
and required to draw his warrant, in favor of the Financial 
Agent, on the State Treasury for the same. 

Sec. 4. He shall furnish the Penitentiary Board 
monthly an estimate of the expenses of the Penitentiaries, 
upon which, when approved by the Penitentiary Board, the 
Comptroller of Public Accounts, shall issue his warrant for 
such amount as may be so approved, in favor of the Fi- 
nancial Agent, and he shall file with the Comptroller, at 
the close of each month for which such estimate is made, 
vouchers for all payments made out of such amounts. 

Sec. 5. He shall keep correct and accurate accounts 
with all parties hiring convict labor, either inside or out- 
side of the walls of the Penitentiary, and shall collect and 
receipt for all sums of money due on account of sales of 
goods manufactured, hire of convict labor, or for work per- 
formed by convicts either inside or outside of the walls of 
the Penitentiaries. 

Sec. 6. He shall purchase and pay for all such material 



6 Penitentiary Regulations. 

as may be necessary for building or manufacturing pur- 
poses, and all supplies of provisions, clothing, bedding, 
shoes, medicine and all other articles required by the rules 
and regulations of the Penitentiaries, for use of the prison 
officials, employes, Sergeants, guards and convicts, and 
when not otherwise provided by law he shall pay the 
monthly salaries of all the Penitentiary officers, employes, 
Sergeants and guards, and shall pay all accounts for ser- 
vices rendered and purchases made for the use of said Pen- 
itentiaries, or either of them. 

Sec. 7. He shall keep an account of each and every ar- 
ticle sold, with the price for which same was sold; also an ac- 
count specifying the amounts of money received by him, and 
from whom and on what account, together with an account 
of his disbursements of the same; all of which shall be by 
him entered in well bound books, which shall be kept sub- 
ject to the inspection of the Penitentiary Board or the Su- 
perintendent of Penitentiaries, or either of them. 

Sec. 8. He shall, after the close of each month, furnish 
the Comptroller of Public Accounts, through the Peniten- 
tiary Board, with a written statement of his receipts and 
disbursements, together with vouchers for all sums of 
money paid out by him, and account of all articles sold by 
him, which statements shall first be examined by the Super- 
intendent of Penitentiaries, and compared with the vouch- 
ers and original entries on the books of the Financial Agent, 
and, if correct, he shall certify thereto under his hand and 
official seal. 

Sec. 9. He shall have charge and custody of all prop- 
erty, supplies of provisions, medicines, clothing, bedding, 
shoes, etc., purchased or manufactured for use of the Pen- 
itentiaries, and shall issue the same to the prisons proper on 
requisitions approved by the Assistant Superintendent, and 
to the outside camps on the requisitions of the Sergeants 
in charge, approved by the Superintendent of Peniten- 
tiaries. 

Sec. 10. He shall, in the purchase of all provisions and 
other supplies for the prisons proper or the outside camps, 
consult with the Superintendent of Penitentiaries and en- 



Penitentiary Regulations. 7 

deavorto bring all the competition possible to bear so as to 
make his purchases at the very lowest cash prices. 

Sec. 11. He shall, in conjunction with the Superintendent 
of Penitentiaries, under such regulations as the Peniten- 
tiary Board may prescribe, make all contracts for the hire 
of convict labor, either outside or inside the walls of the 
Penitentiaries. 

Sec. 12. He shall be allowed such clerical help as the 
Penitentiary Board shall from time to time deem necessary 
to enable him to properly discharge the duties incumbent 
upon him. 

Sec. 13. He shall, bi-ennially, on the first day of No- 
vember, furnish the Penitentiary Board with an abstract 
of his receipts, disbursements, sales and purchases for the 
preceding two years, together with such other informa- 
tion relating to the financial transactions of the Peniten- 
tiaries as the Penitentiary Board shall require at his hands. 

Sec. 14. Suits "for the recovery of monies due on ac- 
count of sales or otherwise, shall be in the name of the 
State of Texas, for the use of the Texas State Penitentiaries 
or either of them. 

Sec. 15. The Financial Agent only shall issue orders 
for work to be done on State account, and when said work 
is completed the order for same shall be returned to and 
settlement made with the Financial Agent. 

Sec. 16. During the absence or inability of the Super- 
intendent of Penitentiaries to act, the Financial Agent 
shall discharge his duties, and during the absence or in- 
ability of the Financial Agent to act, the Superintendent of 
Penitentiaries shall discharge his duties. 



ARTICLE III. 

ASSISTANT SUPERINTENDENT. 

Section 1. The Assistant Superintendent shall have 



8 Penitentiary Regulations. 

the immediate supervision and control over the Peniten- 
tiary for which he is appointed, and over all convicts con- 
fined therein, and over all under officers, overseers, guards 
and employes connected therewith. He shall be responsi- 
ble for the discipline of the prison and the manner in 
which it is enforced. He shall appoint the under officers, 
overseers and guards of the prison, subject to the approval 
of the Superintendent of Penitentiaries, and may remove 
the same. 

Sec. 2. The Assistant Superintendent shall have such 
powers as are necessary for a proper discharge of his duties, 
subject only to the law and the instructions of the Superinten- 
dent, or as directed by the Penitentiary Board through the 
Superintendent of Penitentiaries. He shall if practicable 
reside within the Penitentiary, and shall not absent himself 
therefrom, unless upon business connected with the duties 
of his office, or with the permission of the Superintendent 
or the Governor. 

Sec. 3. He shall visit frequently the prison hospital, 
the cells, shops, prison farms and other places in and near 
the Penitentiary, where the convicts may be, and shall see 
that they are humanely and properly treated, giving 
prompt attention to all complaints regarding their health, 
general condition and treatment, and shall see that the 
prison buildings, cells, shops and premises are kept in a 
neat and healthful condition, and he will frequently, at 
suitable times, converse in a kindly manner with the con- 
victs under his charge, and use his best endeavors to pro- 
duce in them a spirit of reformation. 

Sec. 4. When at any time it is proposed to send a con- 
vict from the Penitentiary to work at an outside camp, the 
Assistant Superintendent shall first have him examined by 
the Penitentiary Physician as to his physical ability to 
perform the work required, and where the physician's re- 
port is unfavorable, the Assistant Superintendent shall not 
permit such convict to be sent away. 

Sec. 5. The Assistant Superintendent shall, on the 
first of each month, make a report to the Superintendent of 
Penitentiaries giving register numbers and names of all 
new convicts received by him during the preceding month, 



Penitentiary Regulations. 9 

with other changes in prison population; the register num- 
bers and names of those who have been sick, punished, or 
whose conduct has been bad; and shall make such other 
reports as may be required by the rules, the Superintendent 
or the Governor. He shall receive and receipt for all con- 
victs that may be brought to the Penitentiary in accord- 
ance with law, and shall examine and pass upon all ac- 
counts, connected with the Penitentiary under his charge, 
before submitting them to the Superintendent for his ap- 
proval, and shall perform such other duties as may at any 
time be prescribed by the rules, or the Penitentiary Board. 

Sec. 6. The Assistant Superintendent shall have charge 
of manufactures and repairs, done in the Penitentiary on 
State account; provided, when any work is done therein, 
the party for whom said work is done shall procure an or- 
der for same from the Financial Agent, to whom, when 
said work is completed, the said order shall be returned 
and settlement made. 

Sec. 7. He shall make requisition on Financial Agent 
for all necessary material for manufactures, and for sup- 
plies of provisions, medicines, clothing, bedding, shoes, 
etc., for use of the Penitentiary, and the prison farms or 
camps connected therewith. 

Sec. 8. He shall, at the end of each week, make a re- 
port to the Financial Agent, through the Superintendent 
of Penitentiaries, showing how the convicts in the prison 
under his charge have been employed; what work has been 
done in each of the several shops, and what amount of said 
work was for State account and what amount custom work; 
the amount and value of the material used and value of 
the labor. He shall also in such report show the number 
of men to be charged to contractors, and the price of the 
labor to be so charged. 



ARTICLE IV. 

INSPECTORS OF PENITENTIARIES. 

Section 1. Inspectors have the immediate supervision of 



10 Penitentiary Regulations. 

• 
the convicts, and officers in charge of them at camps and 
other places, outside the walls of the Penitentiaries, except 
as herein otherwise provided. They have the right to re- 
move any under officer in charge of convicts, in their re- 
spective divisions, for incompetency, violation of law, or 
of the rules and regulations, or failure to discharge his 
duty, subject to the approval of the Superintendent of Pen- 
itentiaries. The authority herein given to Inspectors shall 
be exercised in conformity with law and such regulations 
as may be established by the Penitentiary Board, and then 
only in correcting abuses and removing complaints. 

In making investigations Inspectors are authorized by 
law to administer oaths, summon and examine witnesses, 
and to take such other steps as may be necessary to ascer- 
tain the truth, with respect to any matter, about which 
they have a right to inquire, and they are also authorized 
to admister the prescribed oath to Sergeants and guards. 

Sec. 2. The Inspectors shall visit, at least once in each 
month, and oftener if required by the Superintendent of 
Penitentiaries or Penitentiary Board, each convict camp or 
place of employment, that may be assigned to their re- 
spective divisions, and they shall satisfy themselves that 
the convicts charged to each force are on hand. If not 
on hand, they must inquire and report the cause of absence, 
whether discharged, escaped, transferred, etc., etc. 

They shall make strict inquiry as to the treatment of 
convicts, and as to whether the rules are substantially 
complied with, in their guarding, clothing, feeding and 
work; also, as to whether the prison house is secure, com- 
fortable and kept clean, and whether the bedding is suf- 
ficient. They shall further inquire if the convicts have 
such facilities for writing, as required by the rules They 
will especially notice the punishments inflicted, and 
whether legal or illegal, or just. 

Sec. 3. When a convict has died, they shall investigate 
and report fully the cause of death, and what nursing and 
medical attention be had. 

If a convict has escaped, they shall investigate fully all the 
circumstances, so as to fix the blame, if any, where it may 
properly belong, and in doing so they may question con- 
victs and examine the Sergeant, guards and others ? whose 



Penitentiary Regulations. 11 

testimony they will require under oath, reporting at once 
to the Superintendent of Penitentiaries, the facts thus ob- 
tained, as also the results of their investigation. 

Sec. 4. They shall investigate fully, every charge of 
illegal punishment, cruelty, or abuse of a convict by any 
person, and if such charge is substantiated by competent 
evidence, they shall report the case to some justice of the 
peace having jurisdiction, or to a grand jury, with the 
names of witnesses, to the end that proper legal steps may 
be taken to punish the offender. 

Where they find that a Sergeant or guard has un- 
lawfully punished, or has cruelly treated a convict, they 
shall report the facts to the Superintendent, and if they 
deem proper, may suspend or discharge the offender. 

They shall report to the Superintendent the name of any 
convict, at an outside camp, who ought not to be there on 
account of his physical condition, or for other good reason, 
with a view to his removal to a proper place. 

Sec. 5. The Inspectors in visiting the different outside 
camps shall see that all supplies of provisions, clothing, 
shoes, bedding, medicines, tobacco, arms, ammunition, etc., 
furnished by the State, are properly taken care of by the 
sergeants, and issued to the guards and convicts in proper 
quantities, and that provisions and other supplies are kept 
under lock and key and not suffered to be stolen, wasted 
or bartered away. They will also encourage sergeants to 
practice economy in the use of all supplies, and, for this 
purpose, will look over all bills of supplies sent them, and 
point out to the sergeants any extravagance in the use of 
supplies of provisions, etc. 

Sec. 6. In their visits each month they shall examine 
carefully and minutely the quantity, condition and quality 
of clothing, bedding, shoes, arms and ammunition on hand 
and order the sergeants to make requisition on the Finan- 
cial Agent for such supplies of clothing, bedding, shoes, 
medicines, tobacco, etc., as are needed, which requisition 
they shall approve before the Sergeant forwards same to 
the Financial Agent. They shall report any negligence on 
the part of Sergeants to properly take care of the property 
of the State in their charge to the Superintendent of Peni- 



12 Penitentiary Regulations. 

tentiaries. They will also see that the Sergeants make the 
men take care of their clothes and shoes, and that the 
clothing is properly washed, patched and kept in order; and 
that guards take good care of the guns, pistols and ammuni- 
tion placed in their charge, and keep same in good order. 
As the State now furnishes all provisions, bedding, cloth- 
ing, shoes, medicines, tobacco, stationery, etc., for the rail- 
road trains and everything except provisions on the farms , 
it is made the special duty of the Inspectors to see that all 
the property of the State is properlv used and taken care 
of. 

Sec. 7. The inspection of each camp or force shall be 
thorough and searching, and the Inspectors shall examine 
into all complaints, preferred by a convict, officer, or others, 
and if there be any ground for complaint, they will take 
immediate measures for the correction of the abuse. 

In cases of illegal punishment, cruelty or abuse of a con- 
vict by any person, they shall take such action as may be 
proper and necessary to bring the offender to justice. 

Sec. 8. The Inspectors shall report to the Superinten 
dent once in each month, showing the management, condi- 
tion, discipline and treatment of convicts in their respec- 
tive divisions; how the convicts have been fed and clothed 
during the month, and shall report the names and number 
of convicts who have escaped or died; the number sick, 
illegal punishments, abuses and any violations of the rules 
and regulations that may come to their notice, and all 
other matters about which they have a right to inquire. 
They shall make such other reports from time to time as 
may become necessary or be required. 



ARTICLE V. 

THE PHYSICIAN. 



Section 1. The physician is required by law to visit 
the Penitentiary daily, and as much of tener as may be neces- 
sary, to give proper medical attention to such convicts as 
are sick; also, to visit the prison farm or any quarantine 



Penitentiary Regulations. 13 

camp or convict near the prison, when requested by the As- 
sistant Superintendent. 

Sec. 2. He shall, when requested by the Governor, Pen- 
itentiary Board, Superintendent or Assistant Superinten- 
dent, examine any convict for the purpose of ascertaining 
whether he is physically able to perform the work required 
of him, or at which it is proposed to place him. 

Sec. 3. He shall, when requested by the Governor, Pen- 
itentiary Board, Superintendent or Assistant Superinten- 
dent, and not otherwise, examine a convict and furnish 
written certificate of his physical condition. 

Sec. 4. He is charged with the sanitary regulations of 
the Penitentiary, and shall make frequent inspections and 
use all precautions to keep the prison healthy, and to pre- 
vent the introduction or spread of epidemic or contagious 
diseases. 

Sec. 5. He shall report to the Superintendent or As- 
sistant Superintendent any failure to comply with his or- 
ders, or neglect of duty on the part of those connected 
with his department; and if not properly supplied with 
medicines, hospital accommodations or food for the sick, he 
shall at once make it known to the Superintendent or As- 
sistant Superintendent, so that he can take proper steps to 
remedy the complaint. 

Note. — For other duties of Physician see General Laws 
Seventeenth Legislature, chapter 49. 



ARTICLE VI. 

THE CHAPLAIN. 

Section 1. The law requires the Chaplain to preach at 
least once every Sunday to the convicts, and to visit them 
at convenient times during their hours of leisure each week. 
He will visit convicts in the hospital or at their cells, and ad- 
minister to all such advice, instruction and consolation as 
he may deem best calculated to promote their reformation. 



14 Penitentiary Regulations. 

And he must at all times impress upon their minds the neces- 
sity of a strict compliance with the rules of the Penitentiary. 

Sec. 2. He shall establish such associations, Sabbath 
schools and other schools for the benefit of the convicts as 
he may deem proper, having due regard to the rules and 
regulations of the Penitentiary; and being careful not to 
conflict in any manner with the discipline of the prison. 

Sec. 3. The prison library and its management shall be 
under his control, and he is required to establish such rules 
as will enable the convicts to read and return in good order, 
any books or papers issued to them. He shall keep a list of 
all books, papers, etc., received into the library, and shall 
turn over such books, and the list thereof, together with 
all official correspondence received by him, to his successor 
in office. All donations in money for the benefit of the li- 
brary shall be expended by him in the purchase of' suitable 
books. 

Sec. 4. He shall make such written reports as shall be 
called for by the Governor, Penitentiary Board, Superin- 
tendent or Assistant Superintendent. 

Note. — See General Laws Seventeenth Legislature, chap- 
ter 49. 



ARTICLE VII. 



UNDER OFFICERS. 



Section 1. The subordinate officers of the Penitentiary 
shall consist at the prison proper, of one Under Keeper, 
one Steward, one Night Sergeant, one Out-door Sergeant, 
and such numbers of keepers, guards and watchmen as 
may be necessary to prevent escapes and enforce good order 
and discipline. For each outside camp of convicts there 
shall be appointed one sergeant and as many guards as 
may be necessary to prevent escapes and enforce good or- 
der and discipline. The number hereinafter described in 
Article XV, Section 4. 

Sec. 2. The Under Keeper, Steward and all under offi- 



Penitentiary Regulations. 15 

cers of each Penitentiary shall be appointed by the Assist- 
ant Superintendent thereof, subject to the approval of the 
Superintendent ; the Sergeants at each outside camp 
by the Superintendent; and the guards by the Sergeant or 
Inspector, subject to the approval of the Superintendent. 

Sec. 3. No one shall be appointed as Sergeant, Keeper 
or guard, under twenty-one years of age, or who is on the 
list of discharged guards, or who is intemperate in his hab- 
its; or who has not a good moral character; or a stranger, 
unless indorsed by one or more known responsible parties; 
or one who having previously guarded convicts in the 
State, does not bring a letter of recommendation from the 
Sergeant for whom he previously guarded. Contracts with 
guards, to be for as long a term as possible. 

Sec. 4. In the appointment of a Sergeant, due regard 
shall be had to his fitness and qualifications, and preference 
shall be given to those who have had experience in guard- 
ing and managing convicts. 

Sec. 5. Under officers and employes shall receive such 
compensation for their services as the Penitentiary Board 
may prescribe or as they may contract to receive, the same to 
be paid by the Financial Agent of Penitentiaries on or be- 
fore the fifteenth day of the month next succeeding that 
.in which said services were rendered; provided, that the 
Financial Agent may retain twenty per cent of each 
month's pay, to be paid at the termination of the time for 
which the contract for services be entered into; provided 
further, that such percentage of pay shall not be retained 
for a longer time than six months from the date of con- 
tract, unless the same be forfeited by the terms of the con- 
tract. 

Sec 6. The provisions in the foregoing section in re- 
gard to retained pay, shall apply only to such employes or 
under officers as are entrusted with the custody of State 
property, the money or property of convicts, or with the 
custody and safe-keeping, in whole or in part, of convicts. 

Each under officer and employe will be held responsible 
for loss or damage to State property, or for money or val- 
uables of convicts entrusted to his care, and if any loss or 



16 " . Penitentiary Regulations. 

damage to the same results from his fault or negligence, 
then the amount of such loss or damage shall be deducted 
from his wages. If any under officer or employe wilfully 
violates the prison rules, a forfeiture of his retained pay 
may be demanded as a penalty for such violation, or if the 
violation is of such a character as to necessitate his dis- 
charge, and he is discharged therefor, with the approval of 
the Superintendent, Assistant Superintendent, or Inspector, 
or if he leaves the service, for which he contracts, without 
due notice, as required by these rules, or if he criminally, 
or negligently, permits the escape of a coRvict, wholly or in 
part, under his charge and custody, then all pay for services 
rendered by him to that time shall be forfeited; or if he 
leaves the service, for which contracted, after due notice, 
but before the expiration of his contract, unless he has the 
consent of the Superintendent, Assistant Superintendent or 
Inspector, or presents a good excuse for not obtaining such 
consent, then he shall forfeit the reserved or retained pay 
only. Any one whose pay is declared forfeited under the 
provisions of this section, or the terms of the contract, may, 
within thirty days from such forfeiture, apply in writing to 
the Superintendent, Assistant Superintendent or Inspector 
for an arbitration of the matter, when, at such time and 
place as may be agreed upon, the question of forfeiture 
shall be decided by two arbitrators, one to be selected by 
the officer or person representing the State, the other by 
the aggrieved party, and in case of disagreement, the two 
arbitrators to select an umpire; the decision, under such ar- 
bitrament, to be final. 

Sec. 7. Each Under Keeper, Steward, Sergeant, Guard 
or Watchman shall before entering permanently on duty, 
enter into a written or printed contract for the faith- 
ful and efficient discharge of the services which he con- 
tracts to perform, and shall take and subscribe the follow- 
ing oath before some officer authorized to administer oaths, 
or before the Superintendent or one of the Assistant Super- 
intendents or Inspectors, which contract and oath shall be 
forwarded to the Superintendent and by him filed: 

I, .— _ , do solemnly swear that I will 

faithfully discharge the duties of of convicts of 

the Texas State Penitentiary, and especially of the convict 



PENITENTIARY REGULATIONS. 17 

force on the .......in county, Texas. 

That I will be vigilant and diligent to prevent the escape 
•of convicts; that I will treat convicts under my charge hu- 
manely; that la-m twenty-one years of age, and am not on 
;the list as a discharged guard of either of the Texas Peni- 
tentiaries;: that I have read or have had read to me those 
iparts of the By-Laws of the Texas State Penitentiaries re- 
ferring' to the employment and duties of Sergeants and 
l Guar<is, and the management and treatment of convicts, 
-and I will conform to the same, so help me God. 

Sec. 8. All persons entering upon, or retaining any po- 
sition as an officer or employe of the Texas State Peniten- 
tiaries, whether inside or outside the walls, must do so with 
the full understanding that they are to lend a prompt, will- 
ing and positive obedience to the rules of the prison, and 
instructions of its officers, and devote their best energies 
and abilities industriously and faithfully to the perform- 
ance of the duties to which they may be assigned. 

Sec. 9. Any Under Keeper, Sergeant, Keeper, Watchman 
■or Guard, desiring to leave the service of the Penitentiaries, 
will be required to give at least ten days notice to the Super- 
intendent or Assistant Superintendent, Under Keeper or 
Sergeant, of his intention to do so, otherwise all pay due 
will be forfeited, and while the prison authorities are will- 
ing to give the same notice, when consistent with the in- 
terest of the institution, yet they reserve the right to dis- 
miss at any time without notice. No employe will be al- 
lowed to absent himself from duty, under any circum- 
stances, without permission of the Under Keeper, and at 
outside camps, of the Sergeant. 

Sec. 10. In their intercourse among themselves, the of- 
ficers and employes of the prison are at all times to treat 
each other with respect and courtesy. Intemperance will 
not be tolerated among employes, neither will they be al- 
lowed to bring,- use or keep intoxicating drinks in or about 
the Penitentiary proper, or in or about any outside convict 
camp. 

Sec. 11. Boisterous, loud or indecent language, swear- 
ing, gambling of all kinds, or playing of cards for amuse- 
ment within or near the prison, ox conyici camp, or in pres- 



18 Penitentiary Regulations. 

ence of convicts, are positively forbidden. Officers, Con- 
tractors, Foremen and employes are urged at all times to 
be kind, dignified and firm in their treatment of convicts, 
thus commanding from them the respect necessary for good 
discipline. 

Sec. 12. Employes, Contractors or Foremen are strictly 
prohibited from holding conversation with convicts upon 
any subject disconnected with their duty or labor, or per- 
mitting others to do so, without permission from a superior 
officer; nor shall they listen to a convict's history, or to the 
history of his crime and case on which he was convicted. 
Any employe who gets upon terms of intimacy or famil- 
iarity with a convict proves himself unfit for the position 
and shall therefore be discharged. 

Sec. 13. Employes, Contractors or Foremen are pro- 
hibited from selling to or buying anything from a convict, 
or giving to or receiving from them anything in the na- 
ture of a gift or present, however trivial; from conveying 
to or from them any message, either written or verbal, 
without special permission from the Superintendent, As- 
sistant Superintendent or Under Keeper; from taking in 
or giving to a convict any book, newspaper or other read- 
ing matter, and from bringing in or carrying out any let- 
ter for a convict; nor shall any employe, Contractor or 
Foreman suffer a prisoner to perform any personal offices 
or work for him without permission from the Superinten- 
dent, Assistant Superintendent, Under Keeper or Sergeant 
in charge. 

Sec. 14. Employes, contractors and foremen are pro- 
hibited from using profane, indecent or insulting language 
towards a convict. They are prohibited, too, from reply- 
ing in like terms to what they may conceive to be impu- 
dent or insulting language on the part of a convict. Their 
duty is to report such infraction of discipline to the Super- 
intendent, Assistant Superintendent, Under Keeper or Ser- 
geant in charge. 

Sec. 15. All employes, contractors and foremen are pro- 
hibited from discussing in the presence of convicts, mat- 
ters relating to the discipline or management of the prison, 



Penitentiary Regulations. 19 

or of the manner in which any officer or employe performs 
his duty. 

Sec. 16. Keepers and guards shall not, while on duty, 
hold conversation with each other, nor with instructors, con- 
tractor or foreman, except such as may be necessary in the 
discharge of their duties, nor shall they be engaged in read- 
ing books, papers or letters, or in writing, (other than neces- 
sary entries), or in any other occupation calculated to in- 
terfere with constant watchfulness and vigilance. 

Sec. 17. A Sergeant, guard or other employe, discharged 
for dereliction of duty, or other misconduct, may be rein- 
stated by the Superintendent, Assistant Superintendent or 
Inspector, upon proper showing and recommendations, and 
when reinstated a report thereof shall be made to the Su- 
perintendent, and his name will be taken from list of dis- 
charged guards. 

Sec. 18. The Sergeant in charge may remove a guard 
for good cause, the same to be final when reported to and 
approved by the Superintendent, Assistant Superintendent 
or Inspector. A sergeant, who knowingly employs a guard 
whose name is on the discharged list, or who fails to 
promptly discharge a guard for a flagrant violation of the 
rules of the Penitentiaries, shall himself be discharged. 



ARTICLE VIII. 

UNDER KEEPERS. 

Section 1. The Under Keeper, at each of the Peniten- 
tiaries, under direction of the Assistant Superintendent, 
has principal charge of the prisoners day and night, and it 
is his duty to see that all the officers and employes, subor- 
dinate to himself, faithfully perform the duties assigned 
them. 

Sec 2. He shall at all times have a superintending care 
over all the internal affairs of the Penitentiary, and es- 
pecially of its police. He will be held responsible to the 



20 Penitentiary Regulations. 

Assistant Superintendent, that his orders and directions are 
strictly and promptly observed. He shall spend the whole 
day in a general supervision of the subordinate offi- 
cers, employes and prisoners, and shall direct them in 
their respective duties; shall see that the convicts are at- 
tentive to their labor; shall receive reports of violations of 
the rules, and shall report the same to the Assistant Super- 
intendent. 

Sec 3. In the absence of the Assistant Superintendent 
the Under Keeper shall have the authority and power con- 
ferred upon the Assistant Superintendent, and shall be 
obeyed and respected accordingly. 

Sec. 4. The Under Keeper shall cause to be exam- 
ined daily the cells of the convicts, and the furniture there- 
in, to see that they are not injured, and that no attempt to 
escape has been made, reporting anything he may find 
wrong to the Assistant Superintendent. He shall see that 
the whole establishment exhibits thorough neatness, good 
order, and cleanliness. He shall frequently inspect the 
clothing of the convicts and see that it is kept clean and in 
good order. He shall also see that the convicts have fa- 
cilities to wash their faces daily, and their bodies at least 
once per week in summer, and once every fortnight in win- 
ter, and that they are shaved and have their hair cut as re- 
quired. 

Sec. 5. He shall inflict all punishment at the prison 
proper under the direction of the Assistant Superintendent. 

He shall frequently inspect the arms of the guards and 
see that they are kept in perfect order. 

He shall see that visitors to the prison are treated with 
politeness and attention, and that they are promptly con- 
ducted through the prison at all proper times. 

Sec. 6. He shall assist the Assistant Superintendent in 
receiving and discharging prisoners, shall see that a full 
and accurate discription is taken of each new prisoner 
when received; shall keep note of all prisoners received 
from outside camps, and shall permit no prisoner taken 
away unless first reported to him. He shall furnish the 
Assistant Superintendent with list of prisoners whom it is 



Penitentiary Kegulations. 21 

proposed to send away, and shall always send a full des- 
criptive list with prisoners sent to outside camps. 



ARTICLE IX. 

THE NIGHT SERGEANTS. 

Section 1. The Night Sergeant shall report to the Un- 
der Keeper for duty one-half hour before the signal is 
given for the convicts to form in line on the yard for gen- 
eral search; and the Sergeant shall take special charge of 
the prison when the Under Keeper strikes the signal for 
the day guards to retire from their respective posts for the 
day; and the Sergeant shall remain in such special charge 
of the prison and all convicts therein until the next morn- 
ing, when the general line is marched by the Under Keeper 
from the cell buildings. 

Sec. 2. It shall be the duty of the Night Sergeant to 
personally visit the post of every watchman at least once 
every two hours, and see that such watchman is not only 
doing his full general duty, but instruct him as to any 
precautions then specially needful to defeat any probable 
or possible attempt or strategem towards any escape, con- 
spiracy, or outbreak; and the Sergeant upon such visits 
shall require reports verbally from each watchman as to any 
special circumstances (if any) which have arisen since his 
last visit, touching the security of the convicts and the dis- 
cipline of the prison. 

Sec. 3. It shall be the duty of the Sergeant to also 
visit every place within the outer walls and without the 
cell buildings, where convicts may be allowed to sleep, 
twice each night, and to see that all such convicts are in 
their allotted places, and that no perversion or abuse of their 
privileges affecting the general security of the prison ex- 
ists, and that the whereabouts of all convicts is known to 
bim or properly accounted for. 

Sec. 4. If any convict becomes suddenly ill, needing 
medical attention, the Sergeant will bring to his aid the 



2% Penitentiary Regulations. 

Hospital Steward or Prison Physician, as the case may re- 
quire 

Sec. 5. Should any convict, either within or without 
his cell, grossly violate any rule of the prison, or dis- 
turb the general quietude of the prison, or any portion of 
it, the Sergeant may at once remove the said convict to 
the dark cell, or to such other secure place as the case 
may require, and report said fact to the Under Keeper at 
the earliest practical time the next morning. 

Sec. 6. Should any watchman while on duty become 
unwell, sleepy, intoxicated, or otherwise incapacitated, so 
as to detract substantially from the required vigilance of 
his post, the Sergeant shall at once relieve said watchman 
by another, then brought upon duty for the purpose, and 
report the fact to the Under Keeper. 

Sec. 7. The Sergeant is strictly charged to see that no 
watchman is party to any unnecessary conversation or noise 
of any kind, and in cases of unnecessary or extended con- 
versations by or between watchmen while on duty, the ser- 
geant shall forthwith relieve them from duty, if the secur- 
ity of the prison is not thereby impaired, or report the de- 
reliction of duty to the Under Keeper. 

Sec. 8. The Sergeant shall strike the triangle in the in- 
ner yard at the close of each hour, indicatiag such hour by 
the number of taps thereon, and thereupon every watch- 
man upon duty shall call the number of his station and its 
condition as to security; and a failure upon the part of any 
watchman to so respond, unless specially excused therefrom 
by the Sergeant, shall constitute sufficient reason for his 
discharge. 

Sec. 9. The Sergeant shall receive from the Watch- 
man three regular counts: 1, Before any additional con- 
victs are locked up after the taking of the count by the 
Under Keeper; 2, Just after rank men are locked up, be- 
ing not later than 9 p. m.; and 3, The midnight count, and 
none of said count shall be regarded as satisfactory by the 
Sergeant until the report of said Watchman to him shall 
tally with the usual prison report, delivered to the Ser- 
geant by the Under Keeper. 



Penitentiary Regulations. 23 

Sec. 10. Promptly at the hour of ten o'clock p. m., the 
Sergeant shall take into his custody the night keys of both 
the outer and inner gates of the prison, and retain the 
same until they shall again be substituted for day keys; 
and after said hour, every person, whether citizen or con- 
vict, shall be admitted through said gates by the Sergeant 
in person, and none other; and the Sergeant shall report to 
the Under Keeper such admittances subsequent to said 
hour of 10 p. m. 

Sec. 11. After the night key to the front outer gate 
shall be received by said Sergeant, and before the hour of 
11 o'clock p. m., the Sergeant shall visit the Guards' sleep- 
ing apartments, and note in writing every Guard and em- 
ploye then absent, and report the same to the Under 
Keeper. 



ARTICLE X. 



GUARDS, WATCHMEN, KEEPERS, ETC. 

Section 1. Guards are those subordinate officers, who 
are armed, to prevent the escape of convicts, either from 
the prison proper or from outside forces. 

Watchmen are those officers who, under the orders of 
the night Sergeant, have charge of the prison and pris- 
oners during the night. 

Keepers are those who have charge of convicts within 
the walls of the Penitentiary to keep order and preserve 
discipline; with the consent of the Superintendent or As- 
sistant Superintendent, a Keeper may also be Foreman. 

Sec. 2. It shall be the duty of Guards, Watchmen and 
Keepers employed at the prison proper to be at the Peni- 
tentiary during the whole time, and under no circumstances 
to leave the institution without permission from the Under 
Keeper. They shall be active and vigilant in the perform- 
ance of all duties for the safety and security of the pris- 
oners and the buildings, and shall hold themselves in con-, 
stant readiness for active service both day and night. 



24 Penitentiary Regulations. 

Sec. 3. Any Guard, Keeper or Watchman who shall 
sleep while at his post 3 or while engaged in any other duty, 
or who shall in any way neglect his duty or behave im- 
properly, will be discharged; and in order that they may 
perform their duty properly, they are required to be tem- 
perate in their habits and retire early. No man can carouse 
and drink the greater part of the night and peform duty 
properly the next day. 

Sec. 4. Guards, Keepers and others in charge of con- 
victs must not permit a prisoner to pass the prescribed lim- 
its, or out of the shop or place where employed, except 
with a pass or in charge of a proper officer. They must 
not allow prisoners to make any inquiries relative to any 
subject not immediately connected with their duty, em- 
ployment or wants, nor to hold any conversation with each 
other, except when necessary about their work; nor to 
leave their work without permission; nor to speak to or 
gaze at visitors, but shall require them to be constantly 
employed and to labor diligently in order and in silence. 

Sec. 5. They will require on the part of convicts a 
strict compliance with such prison rules as may come with- 
in the province of their special duties to enforce and re- 
port, at the earliest practicable moment, to the Assistant 
Superintendent or Under Keeper any infraction thereof. 

Sec. 6. They shall not punish a prisoner, nor strike one 
with a cane, stick, whip, strap or any instrument whatever, 
nor with the fist or feet, unless it be in self-defense or to pre- 
vent an escape, or to quell an insun ection. Nor shall they 
use any profane or indecorous language, nor make any 
taunting threats or remarks to convicts, but shall uniformly 
treat them in a kind and humane manner. They should 
understand that their success in controlling convicts de- 
pends very much on their own deportment, and a sharp and 
close observation of all that occurs around them. 

Sec. 7. Guards and Keepers must, while on duty in the 
yards, shops or the wall, or at any other post, inside or out- 
side, be strict and vigilantly observant of the prisoners, 
and shall not, for a moment, permit their attention to be 
distracted from the object of their charge, but shall be in 
instant readiness for any exigency. 



Penitentiary Regulations. 25 

Sec. 8. The first and most important duty of Guards 
is, at all times, to maintain the safe custody of convicts, 
and they are constantly to keep in mind that it is required 
of them to prevent any prisoner from making his escape, 
at all hazards. Except in extreme cases, offenders should 
be once distinctly warned or halted before shooting is re- 
sorted to. 

Sec. 9. Guards must keep their arms and accoutrements 
clean and in perfect order, and constantly ready for use; 
and neither cut, mark, nor deface them in any manner. 
Their arms and accourtements will be charged to them, 
and they will be required to pay for the wilful or careless 
loss, destruction or damage of the same. 

Sec 10. Guards in charge of convicts on the outside 
shall be particularly vigilant; they shall not suffer a con- 
vict to approach close to them, nor get beyond the range 
of their gun, but must at all times keep them in sight, in 
front of or to one side of them, closed up, and within easy 
range of the gun. Their guns must be carried always in 
such position that they can be instantly brought into use. 
A Guard is required to watch a convict at least as closely 
as the convict watches him. 

Sec. 11. Keepers and Guards are required to be 
promptly on hand, both at the prison proper and outside 
camps, at the appointed hour in the morning to receive their 
respective gangs or squads of convicts; and from that time 
until the convicts are again locked in their cells, or prison 
house, they will be held responsible under the rules of the 
institution, for the conduct and safe custody of their entire 
gangs or squads. 

Sec 12. They are required to see that the convicts 
under their charge are attentive to their labor, and when 
they do not work properly, or when they use threatening, 
defiant or impudent language, or commit any other act 
contrary to good order and discipline, they shall report the 
same to the Assistant Superintendent, Under Keeper or 
Sergeant in charge. There must be no bandying of to or ds 
with a convict. 

Sec 13. A Keeper will not leave his post until properly 



26 Penitentiary Regulations. 

relieved. He must accompany his squad to and from their 
cells, and to and from the dining-room. They must be 
present in the dining-room when the prisoners are at their 
meals; to assist in preserving order, and to see that the 
wants of the prisoners are supplied. They shall assist in 
searching the convicts before they are locked up. 

Sec. 14. If a prisoner is taken sick in the shop the 
Keeper must notify the Under Keeper of the fact. 

Sec. 15. The Guard at the gate shall permit no citizen's 
team or citizen, except officers, contractors and foremen, and 
employes of the prison, to pass in and out the prison yard, 
except they have a ticket or order, which must state the 
shop or place to be visited. He shall take up all tickets 
as the holder leaves the yard, and return them daily to the 
office. While on duty he may briefly answer questions, 
but must hold no prolonged conversation with any citizen, 
or employe of the prison; nor must he permit any citizen, 
employe or Guard to stop in or about his picket. 

He must not permit any intoxicated person, whomsoever, 
to enter the prison gate. He must examine closely ve- 
hicles and packages passing, that nothing contraband is 
passed in or out of the prison. 

Sec. 16. It shall be the duty of the Yard Keepers to 
closely patrol their respective yards during the day; to see 
that such convicts as are at work on the yards preserve 
order, and are attentive to their duties; to see that con- 
victs do not go to parts of the prison where they have no 
business, but that every one is at his proper place. To re- 
lieve, when necessary, any of the keepers in the shops; to 
conduct visitors through the prison and to do and perform 
such other duties as may be directed by the Under Keeper. 



ARTICLE XI. 

THE WATCHMAN. 



Section 1. Each Watchman shall report for duty to the 
Under Keeper upon the inner yard of the prison one-half 



Penitentiary Regulations. 27 

hour before the evening signal is given for the convicts to 
march upon the yard, and said Watchman, unless specially- 
relieved by others, shall be considered on duty from this 
time until the next morning, when the convicts in general 
line have been marched from the cell building and from 
the inner yard by the Under Keeper. 

Sec. 2. No Watchman shall leave his post while on 
duty unless specially relieved by another Watchman, by the 
Night Sergeant, or unless hastily summoned as a needful 
aid by the Night Sergeant. 

Sec. 3. Each Watchman in the cell building in prepar- 
ing his count of convicts shall be positive that every con- 
vict reported by him to the Night Sergeant, in each and 
every report made by him, was actually seen and counted 
by him in that reported count, and that no part of the num- 
ber reported by him was for any convict or convicts not 
actually seen and counted by such Watchman in making 
that count, and any failure herein shall be conclusive cause 
for the removal of such Watchman. 

Sec. 4. Each Watchman in the cell buildings shall 
search every convict coming within his station before al- 
lowing him to proceed to his cell, and take into possession 
all articles found in such search, which would, in any way, 
tend toward an escape, conspiracy or outbreak, or which a 
convict is not allowed by the rules to have. 

Sec. 5. Within two hours after reporting to the Ser- 
geant any count, each Watchman shall quietly and carefully 
examine the lock of each cell door as well as the whole in- 
terior of each cell, and see that each convict is in his proper 
place, and that no circumstances of insecurity are discover- 
able that are not duly reported to the Sergeant; and such 
Watchman shall take into his possession at any time any 
and all articles discovered by him and liable to be used by 
any convict in any attempt to escape from the prison, or 
in the destruction of any property therein. 

Sec 6. Each Watchman in the cell buildings shall 
make two general rounds, going the whole length of every 
corridor and beat every hour, and generally noticing the 
condition of every cell, and in such rounds he shall avoid 



28 Penitentiary Regulations. 

making any unnecessary noise, and see that none is made 
at any time by any convict, and that all lights in cells are 
extinguished promptly at 9 p. m. 

Sec. 7. Each Yard Watchman is required to personally 
inspect every shop and place within his station at least once 
every hour, and see that no fire is permitted to remain in 
any shop or place where the general safety of the prison 
would be to any reasonable extent endangered, and to also 
take into his possession any suspicious articles by him dis- 
covered, which were made, kept or intended to aid in any 
conspiracy, escape or outbreak of convicts, and to report 
the same to the Under Keeper, and to be ever vigilant to 
prevent any escape. 

Sec. 8. The Outer Wall Watchman shall personally 
patrol the entire length of his station twice each hour, and 
promptly report to the Night Sergeant any circumstances 
that may come to his knowledge either from within or 
without, that he may deem as militating against the security 
of the prison or any convict therein. 

Sec. 9. All Night Guards shall be selected by the As- 
sistant Superintendent for their respective stations, and 
they may by him be permanently removed from such sta- 
tions. 



ARTICLE XII. 

THE OUT-DOOR SERGEANT. 

Section 1. The Out-Door Sergeant shall be present 
when the convicts are turned out by the Under Keeper, and 
take charge of and be held responsible for the safe custody 
of those who are employed at out-door work, either in the 
outer prison yard or outside the walls. He shall turn each 
squad of convicts over to the Guard, who is to take them 
out, obtaining their names before turning them over. He 
shall be present when they are brought back, so as to see if 
all are on hand. He shall have supervision of work done 
outside the Penitentiary buildings, and shall as frequently 



Penitentiary Regulations. 29 

as possible visit all convict squads working outside and 
near the prison, to see that the Guards and convicts do their 
duty. Any dereliction of duty upon the part of any Guard 
or convict, shall by him be reported to the Assistant Super- 
intendent or Under Keeper. He is especially charged to 
see that the rules are enforced which prohibit intercourse 
between citizens and convicts on the outside. He shall 
have control of the teams, see that the horses and other an- 
imals belonging to the prison are well attended to, and 
that the stables, wagons, etc., are kept in good order. He 
shall have a particular place in which all tools and imple- 
ments shall be safely kept when not in immediate use, and 
shall see that they are properly taken care of. 

It is his duty to see that all property belonging to the 
State is well taken care of. 



ARTICLE XIII. 



THE STEWARD. 



Section 1. He shall superintend the feeding of the em- 
ployes and convicts; shall see that there is a substantial 
compliance with the rules in regard to the furnishing 
of food for the convicts; that the food furnished for 
the convicts is properly cooked and served, and he shall 
make every exertion to furnish such diet for the sick as the 
Penitentiary Physician may prescribe. In case there is not 
a substantial compliance with the rules in furnishing pro- 
visions, he shall report the facts to the Assistant Superin- 
tendent, and he shall furnish daily to the Assistant Super- 
intendent a list of the kinds and amounts of provisions is- 
sued and fed to the convicts on the preceding day. The 
Steward shall have control of the convict cooks and wait- 
ers in the kitchen and dining-room, and shall be present 
and see that they properly wait on the other convicts at 
their meals. 

While it is his duty to see that the convicts are properly 
fed, he is specially charged to see that there is no waste, 
but that all provisions furnished him be economically 
used. 



30 Penitentiary Regulations. 

ARTICLE XIV. 

SERGEANTS AT OUTSIDE CAMPS. 

Section 1. Sergeants and Guards at outside camps, as 
well as those at the prison proper, are Officers of the State, 
and as such, their first allegiance is due the State. 

Sec 2. A Sergeant represents the Superintendent and 
Inspector at his camp, and under the direction of the Su- 
perintendent and Inspector, has charge and control of the 
management and discipline of the convict force, for which 
he may have been appointed. 

Sec. 3. The Sergeant in charge of an outside convict 
force, under the direction of the Superintendent or Inspec- 
tor, has the appointing and control of the Guards neces- 
sary to guard such force. 

Sec. 4. The Sergeant shall appoint at least one Night 
Guard to watch his prison at night, and such number of 
Day Guards as may be prescribed. 

Sec 5. In the appointment of Guards he shall be gov- 
erned by the provisions of Section 3. When a Guard re- 
signs, he shall furnish him with such certificate of his quali- 
fications for Guard as the facts warrant, provided the 
Guard desires it. Sergeants should endeavor to select 
good Guards and retain them. He should always have 
contract executed and require the oath to be taken. He 
may discharge or suspend a Guard for cause, and his ac- 
tion to be final when reported to and approved by Super- 
intendent or Inspector. 

Sec. 6. No Sergeant shall act either as Night or Day 
Guard, except in case of necessity; but he shall be con- 
stantly with the convicts in the day time to see that they 
do good work, and that the Guards perform their duty 
faithfully. He shall frequently, and at unexpected times, 
visit his prison house at night and see that the Night 
Guard faithfully performs his duty. 

Sec 7. No Sergeant shall be manager of the farm, or 



Penitentiary Regulations. 31 

foreman on the railroad, on which the force he has in 
charge is employed, except by permission of the Peniten- 
tiary Board. 

Sec. 8. The Sergeant is required to see and demand 
that the prison house, or cars, for his force be strong, se- 
cure and commodious; that it is well ventilated in summer 
and made comfortable in winter; that.it has suitable bunks 
for the convicts, and that it is furnished with proper ap- 
pliances for being heated. He shall see that there is a 
cook-room, furnished with a stove for cooking, and a room 
for the convicts to eat, as also a place for the sick; that the 
prison house or cars are kept clean and free from vermin, and 
are whitewashed frequently; that the convicts are furnished 
with such bedding, clothing and provisions as are required 
by the Rules; that the bedding be kept clean, and the food 
properly prepared; that the convicts have proper facilities 
for bathing their hands and faces daily, and their bodies at 
least once per week in summer and once per fortnight in 
winter; and that proper medicines and medical attention 
be furnished in sickness; that the prisoners have facilities 
to write, or have letters written, if they desire, once per 
month. He shall have the prison building thoroughly 
searched and examined before the prisoners are locked up 
at night, and have the prisoners searched every evening 
before they go in the building. He shall not turn out the 
convicts to work before daylight, and shall shut them up 
before dark. 

Sec. 9. Sergeants are specially enjoined to use every 
effort to keep convicts in good health, to protect them 
from undue exposure, and not to work them in the rain 
when it can be avoided. A convict must not be required 
to do work that he is physically unable to perform. No 
sick convict must be required to work. When a convict 
becomes sick, the Sergeant shall stop him from work and 
give him prompt and proper medical attention, and if ne- 
cessary send for a physician. He shall not permit a sick 
convict to eat and sleep with well men, but shall have a 
place prepared where he will be secure, and where he can 
receive proper nursing and diet. Acute cases of sickness 
may be treated at the camp; chronic cases shall be sent to 
the walls for treatment, 



32 Penitentiary ^Regulations. 

Sbc. 10. A Sergeant is required at all times to be kind, 
dignified and firm in his treatment of convicts. He shall 
require of them at proper times a reasonable amount of la- 
bor, and shall at all times enforce good order and discip- 
line. This must be done with as little punishment as pos- 
sible. He must treat his convicts kindly and humanely; 
speak to them encouragingly; give them good advice; 
grant them harmless privileges, and have them to feel and 
know that he is their friend and protector. He shall see 
that they are not mistreated nor imposed upon by Guards, 
hirers, managers or foremen, but shall promptly suspend 
or discharge any Guard who strikes, kicks, whips, taunts, 
curses, or in any manner abuses a convict, or causes one 
convict to punish another. 

Sec. 11. The Sergeant only has the authority to pun- 
ish any of his convicts, and tha punishment shall be in- 
flicted only by him. He shall only inflict such punishment 
and in such manner as is prescribed by the rules, and un- 
der no circumstances shall he punish a convict before mak- 
ing an investigation of the offense charged, and giving 
him an opportunity to be heard. 

Sec. 12. The Sergeant shall not whip a convict except 
by order of the Superintendent or Inspector, written, in 
particular cases. No convict shall be punished directly or 
indirectly^for making any report or complaint to the proper 
authorities. 

Sec. 13. If a convict be killed in attempting to escape 
or come to a sudden or violent death, the Sergeant shall at 
once notify an officer so that an inquest may be held. Pro- 
vided further, that no inquest shall be held on the dead 
body of a State Penitentiary convict, if said convict died 
from disease and was attended by a regular physician, and 
a certificate of said physician showing said facts, be filed 
in the office of the County Judge of the county in which 
said convict died, and in the office of the Superintendent 
of Penitentiaries. 

Sec. 14. Sergeants shall not use nor permit their Guards 
to use any boisterous, loud or indecent language; or swear 
within or near the prison camp, or anywhere in the pres- 



Penitentiary Regulations. 33 

ence of the convicts. He shall not bring, or suffer to be 
brought in or about his camp any intoxicating liquors; nor 
6hall he suffer any lewd woman about his camp; nor shall 
he permit any gambling or card playing about his camp. 

Sec. 15. Sergeants shall not absent themselves from 
their duties without the consent of the Superintendent or 
Inspector, and must apply for and obtain leave of absence, 
and have some one designated to take their place. 

Sec. 16. Each Sergeant shall, on the first day of each 
month, and not before, prepare and forward to the Super- 
intendent a report, to be made on blanks furnished him for 
the month just closed, which shall show — 

1. The register number and names of all convicts in his 
force at any time during the month. 

2. The names of convicts discharged, escaped, transferred 
or died, and cause of death, with dates. 

3. The number of days each convict was sick during the 
month, the disease, and the medical attention he had. 

4. The conduct of each convict, whether good or bad. 

5. The names of convicts punished, date, offense, mode, 
and amount of punishment. 

6. The amount and kinds of provisions issued and fed 
each day to the convicts. 

1r Clothing on hand, and condition of same. 

8. Guns and pistols on hand, and condition. 

9. Condition of prison building, bedding, etc. 

10. The names of the guards on hand, as also those re- 
signed and discharged, and cause of discharge. 

Besides this regular monthly report, he shall report 
promptly and fully on blanke to be furnished, each death 
and escape, with all particulars. Any other matter of in- 
terest he shall also promptly report. 

Sec. 17. The Sergeant shall report promptly to the In- 
spector, and also to the Superintendent, any failure or re- 
fusal on the part of the contractors or hirers to furnish 
such prison building, food or anything else required by 
the rules and contract; and the Sergeant is expected and 
required to resist any unlawful demands from whatsoever 
source in the management, discipline and working of the 
convicts under his charge. 



34 Penitentiary Regulations. 

Sec. 18. Any Sergeant who, in the working, discipline 
and treatment of convicts, wilfully violates the laws of the 
State and these rules and by-laws, or permits the contrac- 
tor, or his manager or foreman, or any of the guards to 
violate them, or who fails to make out promptly and fully 
such reports, as required by the rules, or by the Superin- 
tendent, the Inspector or Financial Agent, may be suspended 
or discharged. 

Sec. 19. The Sergeant of an outside force is authorized 
to take charge of the money belonging to any convict under 
his charge, and expend the same for the convict's benefit, 
on his written order, but under such restrictions as may be 
prescribed by the rules. He shall promptly pay over any 
money, which he may so hold, to any convict on his dis- 
charge or transfer, and shall also promptly pay over all 
moneys, held by him for convicts, to his successor. If he 
receives more than five dollars for any one convict, he shall 
forward all in excess thereof to the Superintendent. 

The Superintendent, if he deem proper, may require of 
the Sergeant, a bond, not to exceed five hundred dollars. 



ARTICLE XV. 

OUTSIDE LABOR AND HIRERS OF THE SAME. 

Section 1. The law gives the right, under certain re- 
strictions, to hire out convicts, and to operate them outside 
the walls of the Penitentiary. 

Sec. 2. No convict shall be hired out or sent to out- 
side camps, except with the consent of the penitentiary board 
or Superintendednt. And no convict shall be so hired out 
or sent to an outside camp who was convicted of rape for a 
greater term than ten years, or who has a particularly bad 
reputation for lawlessness, or whom the Penitentiary Phy- 
sician may pronounce physically unable to perform the labor 
required of him. 

Sec. 3. When a convict is sent to an outside camp, the 
Assistant Superintendent shall furnish the Superintendent 



Penitentiary Regulations. 35 

with a descriptive list of the convict, stating the force and 
locality to which he is to be sent, a duplicate of which he 
shall forward with the men to the Sergeant in charge. 

Sec. 4. There shall be appointed, as required by these 
rules, for each outside force of convicts, one Sergeant, two 
Camp Guards, and Day Guards, as follows: For every six 
convicts in the force, one Day Guard, and for any fraction 
of six, over three,one Day Guard; provided, that when the 
Guards are mounted, and there is close at hand a pack of 
hounds, well trained to run convicts, and which are known 
to be obtainable, then the Guard force may be reduced to 
one Guard for every eight convicts in the force and one for 
every fraction of eight over four. The best Guards to 
be placed over the worst convicts. No one shall be ap- 
pointed as Sergeant of any outside force of convicts, who 
is related either by consanguinity or affinity to the hirer 
of said convict force, or who is, in any way, interested in 
such hiring. 

Sec. 5. The Sergeants and Guards so appointed are of- 
ficers of the State, and as such under the direction of the 
Superintendent and Inspector have entire control of the 
management, guarding and discipline of the convicts, the 
law having provided that no contract shall be made by 
which the control of the convict, except as to a reasonable 
amount of labor, shall pass from the State or its officers. 

Sec. 6. The contractor of an outside force (if he con- 
tract with the State so to do) shall be required: 

1. To provide a secure and commodious prison house, or 
cars, to be made comfortable in winter and to be well ven- 
tilated in summer; also appliances to light the same all 
night; said prison house to contain not less than two hun- 
dred and fifty cubic feet, area, for each convict to be con- 
fined therein, and not less than two and one half square 
feet of window ventilation, for each convict. 

2. To furnish good bunks in the prison. 

3. To provide a house, room or place for sick convicts, 
separate and apart from the others. 

4. To provide a cook-room, with cooking stove and other 
kitchen furniture. 



36 Penitentiary Regulations. 

5. To provide a room or shelter to eat under, with table 
and seats. 

6. To provide for each convict, one tin pint cup, one tin 
plate, one tin soup pan, one knife, one fork and one spoon. 

I. To furnish a sufficiency of good wholesome food, in 
variety such as prescribed by these rules, and to have the 
same well prepared. 

8. To furnish each sick convict with such diet as is suita- 
ble for the sick, or as the Physician may prescribe. 

9. To furnish comfortable quarters and bedding for, and 
to board the Sergeant and Guards. 

10. To have the clothes of the convicts washed weekly, 
and the bedding as often as necessary. 

II. To feed such dogs as may be kept by the Sergeant, 
for the purpose of pursuing escaped convicts. 

Sec. 7* Hirers of convict labor shall not require con- 
victs to work in the rain or on Sunday, except such work 
as is absolutely necessary, such as cooking and attending to 
stock. On sugar farms or at iron works, when Sunday 
work is absolutely necessary to prevent great loss, then if 
the convicts are required to work, the hirer shall pay each 
convict the sum of fifty cents for each Sunday so employed; 
the money to be paid to the Sergeant, and by him held or ex- 
pended for the use and benefit of the convict, as he may 
desire. When night work is necessary, as in sugar making, 
extra precaution must be taken to prevent escapes, and the 
convict so employed at night, must have his broken 
rest made up in day time. Except at an iron furnace and 
on sugar farms in the grinding season, Sunday and night 
work is prohibited. 

Sec. 8. No one hiring a force of convicts shall be per- 
mitted to hire, or sub-let them, or any part of them, to any 
one else without consent of Superintendent, nor to work 
them, or any one of them, so far from the prison that they 
can not be returned to it before dark. 

Sec. 9. Contractors or their managers, unless they are 
Sergeants, shall not, under any circumstances, inflict pun- 
ishment or enforce discipline in any manner upon any pris- 
oner whatever; nor shall they apply any harsh or oppro- 
brious epithets, or swear at a prisoner. They are expected 



Penitentiary Regulations. 3? 

to report to the Sergeant having charge all violations of the 
rules and regulations, either by Guards or prisoners, com- 
ing under their observation. 

Sec. 10. Convicts in outside forces shall not be turned 
out of the building until daylight, and shall stop work in 
full time, and be brought to the prison before dark. 

Sec. 11. If a contractor or hirer of farm labor furnish 
and feed horses to be used by the Sergeant and Guards in 
the guarding and management of his force of convicts, and 
are so used, or kept for such use, or if he feeds horses belong- 
ing to the Sergeant and Guards, which are kept and used in 
the discharge of their duties, he shall be allowed pay there- 
for for each horse so kept and used, at the rate of six dollars 
per month, unless the contract otherwise provides. But he 
shall not be allowed pay for more than one horse for Ser- 
geant, nor for a greater number of horses for Guards, than 
the proportion of one day guard for every eight convicts 
(rank men) of such force. 

Sec. 12. Any hirer of convicts who fails or refuses to 
substantially comply with the requirements imposed upon 
him by these rules, or who is guilty of a willful violation 
of the law, and these rules in the management, working 
and treatment of convicts, the same being brought to the 
notice of the Penitentiary Board, shall have his labor with- 
drawn and taken from him, and he will only be allowed to 
hire and operate convict labor with this understanding. 

Sec. 13. State convicts shall not be kept in the same 
prison, nor guarded and worked on same farm with county 
convicts. 

Sec. 14. The same rules in regard to numbers and 
Guards shall not apply in hiring out a force of women con- 
victs. 

Sec. 15. In contracting for outside forces, the following 
considerations shall govern: 

1. As the law requires the Inspectors to visit and inspect 
outside forces frequently, and as it has been impossible for 
them to comply with the law hitherto, because of the great 
number of camps located in different sections of the State, 



38 Penitentiary Regulations. 

and many of them long distances from the railroads, it is 
therefore required that the convict forces shall be consoli- 
dated as much as practicable, and in hiring preference shall 
be given to those who propose to work the forces in local- 
ities most accessible to the Inspector by railroad. 

2. Because of the much larger percentage of escapes here- 
tofore from small forces, no force shall be hired out con- 
taining less than forty convicts at the time of hiring — the 
preference being given (all things else being equal) to ap- 
plicants desiring large numbers. 

3. Where several parties have heretofore hired convict 
forces, and it becomes impracticable to continue all such 
forces, then preference shall be given to those in localities 
equally accessible who have had the fewest number of es- 
capes, and who have most promptly and strictly complied 
with the rules of the prison, and their contract in furnish- 
ing secure and comfortable prison buildings, feeding and 
general treatment of convicts. 

4. Due regard shall be had to the healthfulness of the 
locality, and the class of labor proposed to be hired. 



ARTICLE XVI. 



CLOTHING. 



Section 1. Each convict inside and outside the walls of 
the Penitentiary shall wear a uniform, which shall be of 
striped cloth, white and black, or white and brown. The 
material shall be adapted to the season, so that the convict 
may at all times be comfortably clad. 

Sec. 2. The summer clothing shall consist of shoes, 
pants, shirt and hat. 

For winter — shoes, socks, drawers, pants, jacket and hat 
or cap. 

The jacket and pants for winter to be or cloth composed 
of one-half wool, the jacket to be lined. Old summer pants 
may be utilized for drawers in winter. 

Sec. 3. A convict will be permitted to retain any 
drawers, undershirts, socks, or handkerchiefs that he may 



Penitentiary Regulations. 39 

bring with him, or he may receive from his friends these 
articles, or purchase them, with permission of the Superin- 
tendent, Assistant Superintendent or Sergeant. 

Sec. 4. Instead of wearing the stripes, women convicts 
may be permitted to wear outer dresses of the broad 
checked goods made at the Penitentiary, and none others, 
which dresses are to be plainly made. 

Sec. 5. There shall be a change of clothing, except 
jacket, once per week, and if the work is very dirty, twice 
per week. Sufficient clothing shall be kept on hand to en- 
able such change to be made. 

Sec. 6. It shall be the duty of the Under Keeper at the 
prison, and the Sergeant at an outside camp, to see that the 
convicts take care of their clothes, that they change them 
as required, and that the dirty clothes be washed every 
week with soap and water. 

Sec. 7. Sergeants must always make requisition for 
clothing in time to prevent convicts getting without a 
change; and are required to see that their force presents a 
tidy appearance. No washing of clothing shall be allowed 
on Sunday or at night. 



ARTICLE XVII. 



BEDDING. 



Section 1. There shall be furnished for each convict 
inside and outside the walls a single mattress, made with 
Osnaburgs tick, and filled with shuck and cotton, or straw, 
moss or hay; one pillow of same material; two coarse sheets, 
one to be used at a time, and one or more cotton comforts 
or blankets, sufficient to render the convict comfortable. 
The sheets to be washed and changed weekly, and the mat- 
tress and pillow ticks to be emptied, washed and refilled 
when necessary. Sheets made out of striped material, such 
as convict shirts are made from, will be less liable to be 
misappropriated . 



40 Penitentiary Regulations. 



ARTICLE XVIII. 

FOOD. 

Section 1. The food of the convicts inside and outside 
the Penitentiary, shall be sufficient in quantity, of good 
quality, and well prepared; and the variety of food shall be 
substantially as follows: 

Breakfast — Corn or flour bread, beef or bacon, and coffee, 
(at least one-fourth of a pound of parched coffee to every 
ten convicts.) 

Dinner — Corn bread, beaf or bacon, soup, and such garden 
and field vegetables as can be furnished. In the absence 
of vegetables there shall be furnished either navy beans, 
rice, dried apples or hominy ; molasses shall be furnished to 
sweeten apples. 

Supper — Flour or corn bread, beef or bacon. 

Sec. 2. Flour bread, mixer) with proper ingredients to 
make it healthful and palatable and ample in quantity, 
shall be furnished at least seven meals in the week. Mo- 
lasses to be furnished daily. 

In addition to the above, such articles of food must be 
furnished as are suitable and necessary for the sick and 
convalescent. Vinegar, salt and pepper shall be kept on 
the tables at all times. 

Sec. 3. One-fifth of a pound of sound tobacco shall be 
furnished each convict per week. 

Sec. 4. It shall be the duty of Sergeants in charge 
of convicts to prevent any unnecessary waste of provisions. 

Sec. 5. There shall be furnished for each convict at the 
prison proper and outside camps, one tin plate, one tin 
soup pan, one tin pint cup, and one knife, fork and table- 
spoon. 



Penitentiary Regulations. 41 



ARTICLE XIX. 

REWARDS AND PUNISHMENTS. 

Section 1. Convicts shallbe treated with humanity, 
and a distinction may be made in their treatment, so as to 
extend to such as are orderly, industrious and obedient, 
comforts and privileges according to their deserts. 

Sec. 2. The rewards to be bestowed on convicts for 
good behavior shall consist of an extension of social privi- 
leges, permission to read and write, permission to use can- 
dle in cell until 9 o'clock p. m., permission to furnish and 
adorn cell, and such other and further privileges as the offi- 
cer in charge may deem proper and not inconsistent with 
good discipline. Commutation of time for good conduct 
is provided for by statute law. 

Sec. 3. The punishments allowed by law, consist of 
closer imprisonment, confinement in irons, deprivation of 
privileges, and other punishments of like character. Also, 
whipping, when inflicted by order of the Superintendent, 
Assistant Superintendent and Inspector, in particular cases. 

Sec. 4. The following modes of punishment only are 
recognized by these rules, and punishments by any other 
means and in any other manner are positively forbidden : 

1. Confinement in dark cell, not exceeding seven days at 
one time. 

2. Confinement in dark cell, or other cell, in irons. 

3. Ball and chain, shackles or spike on ankle. 

4. Deprivation of privileges in whole or in part. 

5. Forfeiture of commutation in whole or in part. 

6. Whipping, but only by special order, in writing, of 
Superintendent, Assistant Superintendant or Inspector in 
particular cases. 

Sec. 5. The severer modes of punishment, and espec- 
ially whipping, shall only be resorted to after milder means 
have failed to bring the offender to terms. A Sergeant 
desiring an order to whip a convict, must make applica- 
tion in writing to the Inspector, stating fully the offense, 



42 Penitentiary Regulations. 

and that other means had been tried and failed to pro- 
duce the desired effect. 

Sec. 6. In whipping, a leather strap, about two and a 
half inches wide and two feet long, fastened in a wooden 
handle, shall be used, and care must be taken not to break 
the skin. Every officer inflicting this or any other pun- 
ishment, will be held to a strict account that it is not 
abused. 

Sec. 7. In inflicting punishment by confinement in dark 
cell at night, provision shall be made for sufficient bedding 
to prevent the convict from suffering with cold. 

Sec. 8. At the prison proper, punishment shall only be 
inflicted by the Under Keeper, under the direction and by 
order of the Superintendent or Assistant Superintendent; 
or provided further, that when a convict becomes guilty 
of any very disorderly conduct during the night, the Night 
Sergeant may lock him up in dark cell for balance of night, 
reporting the case early next moning to the Under Keeper. 
These officers must not assume the responsibility of punish- 
ing a convict except as above provided. 

Sec. 9. At outside camps, Sergeants alone are author- 
ized to inflict punishment, and their authority shall not be 
delegated to a Guard, nor to any one else. 

Sec. 10. A Guard inflicting punishment, even by order 
of the Sergeant, shall be promptly discharged. 

Sec 11. No convict shall be made in any manner to 
punish another convict. 

Sec. 12. When a convict violates any rule, or for any 
cause requires punishment to be inflicted, he shall be re- 
ported to the Superintendent, and the appropriate punish- 
ment inflicted by his order as heretofore provided; if at 
outside camp, he shall be reported to the Sergeant in 
charge, and the punishment shall be inflicted by him, but 
in the presence of some other person other than a convict. 

Sec 13. No Sergeant must punish a convict on there- 
port of some one else until he inquires fully as to whether 
the convict deserves the punishment. Sergeants shall not 



Penitentiary Regulations. 43 

whip a convict under any .circumstances until in actual 
receipt of necessary order. 

Sec. 14. Each Sergeant shall keep a record of the con- 
duct of each convict in his force, and of each punishment 
inflicted, with the date, kind and amount inflicted; also the 
offense, and report the same monthly to the Superinten- 
dent. When no report is made of a convict's conduct, it 
will be taken to be good. 



ARTICLE XX. 

LABOR OF CONVICTS. 

Section 1. No greater amount of labor shall be re- 
quired of any convict than a due regard to his physical 
strength and health may render proper. 

Sec 2. No labor shall be required of a convict at night 
or on Sunday, except what is absolutely necessary, such as 
cooking, attention to stock, etc., and except on sugar farms 
during grinding season, or at an iron furnace, where night 
and Sunday work are absolutely necessary to prevent great 
loss; or on railroads in case of wrecks; provided, that when 
such necessity exists, each convict shall be paid fifty cents 
for each Sunday he is so required to work. 

Sec. 3. The hours for labor of convicts shall be as fol- 
lows : 

During the months of December, January and Febru- 
ary nine hours. 

During the months of March, April, July, August, Octo- 
ber and November, ten hours. 

During the months of May, June and September, eleven 
hours. 

Provided, that at the prisons, the hours of labor in 
each month may be changed, as may be deemed best, so 
that they do not exceed an average of ten hours per day 
per annum. The time to be computed from the time of 
leaving the prison to go to work until the time of stop- 
ping work to return to the prison. 



44 Penitentiary Regulations. 

Sec. 4. At all times in going to or returning from work 
the convicts shall be marched in a moderate walk. There 
shall be no running or trotting of convicts to and from the 
place of work, or elsewhere. 

Sec. 5. Convicts shall not be turned out of the prison 
house or car before daylight, and those having them in 
charge shall always stop work in full time to get them in- 
to the prison house or car before dark. 



ARTICLE XXL 

VISITORS TO THE PENITENTIARY. 

Section 1. The Governor, members of the Penitentiary 
Board and all others of the Executive and Judicial Depart- 
ments of the government, State and National, and mem- 
bers of the Legislature, shall be admitted into the Peni- 
tentiary and into any outside convict camp, at all proper 
hours, for the purpose of observing the conduct and oper- 
ations of the institution. 

Sec 2. Contractors and their foremen shall be admitted 
within the prison at all proper hours, but they have no 
right to pass others, except on business connected with 
their contract. 

Sec 3. General visitors may be admitted between the 
hours of nine and eleven o'clock a. m., and two and four 
o'clock p. m., of each day, except Sundays; provided, that 
the Superintendent or Assistant Superintendent may ad- 
mit a limited number of visitors to the chapel exercises on 
Sunday, or except in special cases to go through the prison. 

Sec 4. Every person desiring to visit the prison, if not 
personally known to any of the officers, must be introduced 
or vouched for by some known responsible party, as a per- 
son of good character and standing. 

Sec 5. He must then procure an admission ticket from 
the Assistant Superintendent's or Financial Agent's office. 

Sec 6. Upon the presentation of such ticket to the 



Penitentiary Regulations. 45 

Gate Guard, the Guard shall see that the visitor is divested 
of all arms or weapons of any description not proper to be 
carried on the inside, and shall then pass him through the 
first and second gate. 

Sec. 1. After passing through the gates the Keepers 
upon the yards, respectively, shall accompany the visitor 
through the prison, or to some particular shop, according 
to the ticket held by him, but no further; they shall use no 
unnecessary time with any visitor, and shall permit no con- 
versation between the visitor and any convict, except in 
cases of holders of special ticket to a shop, who may be 
permitted, if necessary, to have conversation, in presence 
of the Keeper of the shop, with the convict foreman, con- 
cerning the work to be done. 

Sec. 8. General visitors are prohibited from speaking 
to or having any communication whatever with any con- 
vict, and when passing through the prison must deport 
themselves in a quiet and orderly manner. Laughter, loud 
talking, personal remarks concerning any convict, or al- 
lusion to any convict, by words, signs, or act of any kind, 
within the presence or hearing of the convicts, will not be 
permitted, and no visitor will be allowed to receive from 
or hand to any convict any article or thing whatever. No 
visitor will be allowed to tarry within the prison after the 
close ©f the visit. 

In the event of any infraction of this section, by any 
visitor, the Keeper in charge shall forthwith terminate the 
visit, and escort such visitor to the outer gate. Admission 
tickets must be handed to guard at outer gate on termina- 
tion of the visit. 

Sec. 9. A person desiring to visit any one of the shops 
in regard to work to be done, shall, if his presence is neces- 
sary, receive a special ticket to visit such shop, without any 
fee for the same; but shall not on such ticket visit any other 
part of the prison. 

Sec. 10; Convicts shall be allowed to receive visits from 
their friends or relations, with permission of the Superin- 
tendent, Assistant Superintendent, or Sergeant in charge of 
an outside camp, as follows: 



46 Penitentiary Regulations. 

1. If such friends or relations reside or sojourn within the 
county, where the prison or convict camp is situated, one 
visit per month, of one hour duration, will be permitted in 
the presence of the Assistant Superintendent, or a Keeper 
or Sergeant, at such place within the prison, or prison camp, 
as the Assistant Superintendent or Sergeant may designate; 
and there may be designated some particular hour on Sun- 
day in the month, when such visitors will be admitted. 

2. Where friends or relatives of a convict have come 
from without the county, the time and length of such visit 
may be modified and extended by special permission. 

3. In case of the severe illness of the convict, there may 
be some relaxation of the above rule, by Superintendent, 
Assistant Superintendent or Sergeant. 

No visitor, for any purpose, shall be admitted into the 
prison in an intoxicated condition. 

An admittance fee, not exceeding twenty-five cents, may 
be charged for each visitor, except such visitors as are des- 
ignated in section 1 of this article; visitors to shops on 
business, relations or friends of a convict making special 
visit to such convict, and ministers of the gospel in good 
standing. Fees to be paid to Financial Agent. 

Sec. 11. The Penitentiary Board, Superintendent, As- 
sistant Superintendents, Inspectors, Financial Agent, Phy- 
sician, Chaplain and Under Keeper may pass visitors with- 
out fee on complimentary tickets; and when any of the 
above officers accompany a visitor through the prison, a 
ticket will not be demanded, and Guards and Keepers are 
relieved of all responsibility. 

Sec. 12. Any person who has business with an em- 
ploye while on duty, shall make his application to the As- 
sistant Superintendent, Under Keeper or Sergeant, who 
may have such employe relieved from duty and come out- 
side the prison for such business. 

Sec. 13. The tickets of all sorts furnished visitors shall 
have printed on the back thereof rules by which visitors 
must be governed while in the prison. 

Sec. 14. Keepers and Guards will see that no one in 
citizen's garb, not officers or employes, pass through the 
prison, or to any part thereof, except with proper ticket, 



Penitentiary Regulations. 47 

or accompanied by one of the officers previously men- 
tioned. The guard at the outer gate must take up the 
ticket when the visitor comes out. 

Sec. 15. The Superintendent or Assistant Superinten- 
dent may further limit or temporarily suspend the admis- 
sion of general visitors at any time he shall deem such ac- 
tion proper for the security of or preservation of proper 
discipline in the prison. 



ARTICLE XXII. 

MISCELLANEOUS. 

Section 1. Convicts shall be delivered within the walls 
of the Penitentiary by the contractors who convey prison- 
ers to the Penitentiary; provided, that when requested by 
the Superintendent, the said contractors may deliver a con- 
vict at an outside camp where convicts are employed; and 
provided, that such convict appears physically able to per- 
form the labor to be required of him at such camp, and 
does not come within any of the provisions of these rules. 
When a convict is thus delivered at any outside camp, the 
Sergeant in charge shall recsive him as agent for the Su- 
perintendent, giving receipt for the same; but the com- 
mitment papers shall be delivered by the contractors direct 
to the Superintendent. 

Sec. 2. When a convict is received into the Peniten- 
tiary, either at the prison proper or at an outside camp, 
the Under Keeper or Sergeant in charge shall have him 
carefully searched, and any money or valuables found shall 
be disposed of as provided by law. A full description 
shall then be taken of the convict, on blank furnished for 
the purpose — extra precaution being taken to note particu- 
larly any and all marks of peculiarities about him, by 
which he can be more readily identified in case of an es- 
cape; this description to be forwarded at once to the Su- 
perintendent, who will furnish the registered number of 
such convict. After the convict is shaved, his hair shingled 
and he has donned the prison uniform, he shall be fully in- 
structed in his duties, and have read, and fully explained 



48 Penitentiary Kegulations. 

to him the rules for the government of convicts, the re- 
wards for good conduct and the penalties for violation of 
the rules. He shall then be assigned to such labor as he is t 
physically able to perform. 

Sec. 3. All convicts received in the Penitentiary shall 
be kept strictly under guard; provided, that at the prison 
proper, the Assistant Superintendent, with the approval of 
the Superintendent, may designate such number of con- 
victs as may be necessary for teamsters, clerks and mes- 
sengers, who will not be required to be kept strictly under 
guard, and will be known as " trusties." 

Sec. 4. Convicts at outside camps shall always be kept 
strictly under guard; provided, that the Sergeant in charge 
of a convict force on a farm, may, if he has any convicts in 
his force that he thinks may be safely trusted, and if re- 
quested by the contractor, designate a certain number of 
such convicts as trusties, not to exceed the proportion of 
one to every ten convicts of the force. But no such ap- 
pointment shall be made except with the consent of the 
contractor in writing, and his agreement to, in the event oi 
escape of any trusty, pay all expenses of recapture, not to 
exceed fifty dollars, and to be responsible for the hire of an 
escaped trusty for the current year, or if the convict's term 
would have expired before the end of the year, then only 
to the date of expiration. If the convict is recaptured, 
then the contractor shall have the use of said convict's 
services free of charge for such length of time as he paid 
hire for during his escape. 

Sec. 5. At an outside camp the Sergeant must, at any 
reasonable time, permit a preacher, minister, priest of good 
standing, of any religious denomination, to have access to 
his prison, and, if he desires, to preach to the convicts, and 
he shall, at all proper times, permit any convict to receive 
visits from and hold converse with any preacher, minister 
or priest he may desire to see. 

Sec 6. Each convict whose conduct has been good 
shall be furnished with stationery (one-half sheet letter pa- 
per and one postage paid envelope) to write one letter per 
month. He may, with the permission of the Assistant 



Penitentiary Regulations. 49 

Superintendent or sergeant, if he furnishes his own station- 
ery, write one other letter each month, but no others un- 
less in cases of supreme urgency. The Assistant Superin- 
tendent or Sergeant may designate the Sundays for writing, 
and make such other rules regulating writing as may be 
deemed proper. Correspondence shall not be permitted be- 
tween convicts at different places or camps, except rela- 
tions, nor with persons in jail, nor with discharged convicts, 
nor with persons with bad character; nor will any letter 
containing any obscene, profane, or vulgar language, allus- 
ions, or expressions be delivered or sent out. Where two 
or more letters are attempted to be sent in one envelope, or 
otherwise, without permission, all but one will be des- 
troyed. The Assistant Superintendent at the Penitentiary 
and Sergeants at outside camps shall see that this rule is 
enforced, and shall closely scrutinize all correspondence. 

Sec. 7. With the approval of the Assistant Superinten- 
dent or Sergeant, a convict whose conduct is good may re- 
ceive any paper, newspapers or other reading matter sent 
him by his friends, and he may subscribe for a weekly, 
secular or religious paper, but no obscene literature, nor 
any such paper as "Police Gazette," "Day's Doings," etc., 
shall be permitted to a convict. 

Sec. 8. All male convicts, inside and outside, shall be 
required to shave once every week and to keep their 
hair closely shingled; provided, that a convict may be ex- 
cused from shaving by the Assistant Superintendent or 
Sergeant in charge, upon the certificate of the Penitentiary 
or Camp Physician that shaving is in any way injurious to 
the convict, in which case the beard and mustache shall be 
closely trimmed with scissors. A convict whose conduct 
has been good may be excused from shaving two months 
before the expiration of his term of sentence. 

Sec. 9. Contractors, foremen and instructors, and 
clerks, in or about the prison proper, and at outside forces, 
(unless they are sergeants), shall hold no intercourse with 
any prisoner upon any subject whatever other than the 
business carried on, and shall confine their conversation 
with prisoners to the narrowest limit consistent with giv- 
ing proper instruction. Their intercourse with the Keep- 



50 Penitentiary Regulations. 

ers, Guards, etc., of the prison, when on duty, shall be such 
only as is necessarily connected with the prosecution of the 
business under their charge. 

They are not, under any circumstances, to inflict punish- 
ment or to enforce the discipline in any manner or upon 
any prisoner whatever, but they are expected to report to 
the proper officer having charge of the prisoners in their 
department, ail violation of the rules and regulations of 
the prison that may come under their observation. In all 
of their intercourse with prisoners they are to be governed 
by the same rules as subordinate officers of the prison. 

Sec. 10. When a convict dies he shall be decently 
buried in a plain coffin, and a grave of sufficient depth, with 
foot and head boards — the latter inscribed with the name 
of the convict and date of his death, age, and county from 
which he was sentenced. Sergeants are especially charged 
to give their personal attention to the burial of convicts. 

Sec. 11. No officer, under officer or employe of the 
Penitentiaries shall have the services of any convict or use 
the property belonging to the State for his own private use, 
without paying therefor. The Superintendent, Assistant 
Superintendent and Financial Agent and Under Keeper 
may have the use of such convict help in the discharge of 
their official duties, as may be necessary, the number of 
convicts to be designated and the appointment to be made 
by the Superintendent. No officer, under officer, or em- 
ploye shall use any horse, mule or vehicle belonging to the 
State, except when necessary in the discharge of official 
duty; nor shall he keep any horse at the expense of the State 
except it is necessary to use, and such horse is used by him- 
self, or some' one else, in the discharge of official duty. 

The hiring of convicts as domestic servants, except by 
special order of the Penitentiary Board, is prohibited; pro- 
vided, that a Penitentiary officer, living in the Penitentiary 
or on the Penitentiary grounds, may hire not exceeding two 
convicts, suitable for servants, at such price as may be 
fixed by the Superintendent and Financial Agent. 



Penitentiary Regulations. 51 

ARTICLE XXIII. 

RULES FOR THE GOVERNMENT OF CONVICTS. 

To the Convict : 

Section 1. Your attention is called to the following 
rales, for only by strict obedience to them can you avoid 
punishment, receive the privileges extended, and win that 
diminution of your term of sentence which the law has 
generously extended as a reward to the meritorious in your 
unfortunate condition: 

1. The first duty of every convict is strict obedience to 
all rules and regulations of the prison, and to the orders 
of every officer and employe, in whose immediate charge 
you may be placed. 

2. Strict silence must be observed while out of your 
cell; and no conversation will be allowed either with any 
citizen or convict, except by special permission first obtained 
from the officer in charge of you. 

3. In your cell you are strictly forbidden to talk, sing, 
whistle, or make any other unnecessary noise, and w 7 hen 
conversation with your cell-mate becomes needful you must 
not speak above a whisper, and no needless noise, in or 
about the prison at any time, by you will be permitted. 

4. You must not leave your place of employment for any 
purpose whatever, unless permission is first specially given 
by the officer in charge of you. 

5. If sick, or unable to work you must inform the officer 
in charge, and do as he shall direct; but you will not be 
permitted to lounge around your usual place of employ- 
ment, or about any yard or other place exposed to the view 
of working convicts. 

6. When the Prison Physician arrives each day, or not 
later than nine o'clock a. m., the ringing of the bell an- 
nounces the Hospital and Dispensary " call," when each 
convict who desires medical attention shall be permitted 
by the officer in charge to proceed to the Dispensary for 
examination , or medicine, and at no other time shall any 
convict be allowed to leave his employment to go to the 
Dispensary or Hospital, except in case of sudden painful 
illness where actual medical attention can not be postponed. 



52 Penitentiary Regulations. 

7. You are prohibited from marking, injuring, or defac- 
ing any article in your cell, or the walls of your cell, or any 
other part of the building; and no article of any kind ex- 
cept the ordinary bedding and furniture will be allowed in 
any cell, unless in cases where special permission is granted 
for the same. You must keep the walls and floor of your 
cell and the bedding neat and clean, and spitting upon the 
floors, or walls, or corridors, in or about the prison, will not 
be tolerated in any case, and no smoking in any instance be 
allowed within the walls of the prison, or in any building, 
room or shop. 

8. At the ringing of the morning bell, you must get up, 
dress, make or put up your bed and get ready for marching 
out. And you must not step from the door of your cell, 
for any purpose, until the Under Keeper shall strike the tri- 
angle upon the yard for convicts to " fall in," to form 
section lines preparatory to marching upon the yard in gen- 
oral line. 

9. You must always approach an officer in a respectful 
manner, and be brief in your communications, and never 
speak to an officer unless when necessary concerning your 
work, or in stating a grievance, or making some necessary 
request. When within the view of visitors you are partic- 
ularly charged to keep your eyes upon your work and give 
it your sole attention. 

10. Every convict not in the Hospital or specially ex- 
cused is required to attend chapel service each Sabbath, 
and in chapel strict and silent attention shall be given to 
the services, and spitting upon the floor and shuffling the 
feet will not be allowed. 

11. You are not permitted to receive or transmit any let- 
ters, papers, or mail matter of any kind, except by consent 
of the Assistant Superintendent and under his inspection. 
All letters must be written on Sunday at the place desig- 
nated, before chapel services shall commence, and at no 
other time will you be allowed to write. 

12. If you desire to talk with the Superintendent, in re- 
gard to any grievance or upon any other legitimate and per- 
tinent subject, make your application in writing and de- 
liver it to the officer in charge of you, who will deposit it 
in the messenger box. 

13. Gambling, or playing at any game at any time or 



Penitentiary Kegulations. 53 

p^cej is strictly forbidden; and no convict can do any act 
that will detract more from his personal character and 
standing in the estimation of any officer of this prison, than 
the attempted practice or pursuit of any such vice. 

14. Profane, obscene, indecent, or insolent language 
shall, under no circumstances, be allowed. 

15. You must at all times deport yourself in a prompt, 
obedient, cheerful and attentive manner. Laziness and 
inattention will be recorded against you as a violation of 
rules. 

16. You are required to bathe once in each week, unless 
specially excused, and to have your face shaved clean once 
each week and your hair kept cut short. 

17. In lines you must march in " lock steps," with your 
right hand on the shoulder of the convict in advance of 
you, and incline your face toward the officer. In walking 
with other convicts, always walk in single file in marching 
order. 

18. The following are privileges, not rights^ extended to 
convicts whose behavior warrants the same, viz: 

1. Permission to have lights in cell. 

2. Permission to write once per month. 

3. Permission to see visiting friends once per month. 

4. Permission to go from cell on Sunday, except in meal 
or chapel lines. 

5. Permission to use in cell any special clothing or fur- 
niture. 

6. Permission to use and adorn cell. 

7. Permission to eat out of general line. 

8. Permission to write any special letters. 

9. Permission to receive newspapers during the week. 

10. Permission to retain library books in the cell. 
Total deprivation of all or any of the above privileges, 

as the case may seem to merit, will result from any act of 
bad conduct or dereliction of duty upon your part. 

19. The existing statute laws of this State allow the fol- 
lowing deductions to be made from original terms of sen- 
tence, where no charges of misconduct have been sustained 
against the convict, viz: 

2 days per month off the first year of sentence. 

3 days per month off the second year of sentence. 

4 days per month off the third year of sentence, 



54 Penitentiary Regulations. 

5 days per month off the fourth year of sentence. 

6 days per month off the fifth year of sentence. 
1 days per month off the sixth year of sentence. 

8 days per month off the seventh year of sentence. 

9 days per month off the eighth year of sentence. 

10 days per month off the ninth year of sentence. 

15 days per month off each succeeding year of sentence. 
And for each sustained charge of misconduct in any given 
year, the commutation allowed for one month of such year 
shall be thereby forfeited. And for any escape, or attempt 
to escape, or mutinous conduct, the good time which shall 
have accrued in favor of such convict, up to the date of 
such escape or mutiny, shall be forfeited. 



For the convenience and better information and guidance 
of all persons connected with the management of the Pen- 
itentiary, or of the convict labor belonging thereto, there 
are printed in connection herewith, the acts of the Six- 
teenth Legislature of Texas, organizing the State Peniten- 
tiaries; and the acts of the Seventeenth and Eighteenth 
Legislatures relating to the management thereof. 

John Ireland, 

Governor. 
I. G. Searcy, 
Walter Tips, 
Penitentiary Board. 

Note: While the two following acts of the Sixteenth 
Legislature have been superseded by the acts of the Sev- 
enteenth and Eighteenth Legislatures, they are inserted 
herein, together with these last named acts, as a matter of 
convenient reference. 



CHAPTER LIL 

General Laws of Texas, passed at the Regular Session of 
the Sixteenth Legislature. An act entitled "An act to 
provide for the organization of the State Penitentiaries, 
and to regulate the management of the convicts therein." 

Section 1. Be it enacted by the Legislature of the 
State of Texas, That the Governor shall appoint, by and 
with the advice and consent of the Senate, three resident 
Directors, to be styled " Directors of Penitentiaries," who 
shall hold their offices for the term of two years. If a va- 
cancy occur in either of said offices during a recess of the 
Senate, such vacancy may be filled by executive appoint- 
ment for the unexpired term ; provided, no one shall be 
appointed or retained as Director who is, or becomes di- 
rectly or indirectly interested in the hiring or working of 
any convict force. 

Sec. 2. Each of said Directors, before entering upon 
the duties of their office, shall take and subscribe the oath 
prescribed by the Constitution for all officers of the gov- 
ernment, which oath shall be filed in the office of the Sec- 
retary of State. 

Sec. 3. The Directors of Penitentiaries shall, in con- 
junction with and by the approval of the Governor, take 
such measures, and adopt such rules and regulations not in- 
consistent with the laws of the State, for the control and 
management of the several Penitentiaries and the convicts 
thereto belonging, as they may deem proper and necessary 
and such rules and regulations shall be binding upon all 
officers of Penitentiaries, guards, employes, hirers of con- 
vict labor, and upon all others in any way connected with 
Penitentiaries and their management, or with the convicts 
either within or without the walls thereof. 

Sec. 4. The authority given the Directors in the pre- 



56 Penitentiary Regulations. 

ceding article to establish rules and by-laws is intended to 
supply any defect in this act with regard to prison discip- 
line, and to provide for such, details as are not embraced 
therein, and for such contingencies as may at any time 
arise concerning the management of the Penitentiaries and 
their proper and successful operation. They shall be made 
with a view to carry out the general principles on which 
the penal laws are founded, and the designs for which the 
Penitentiary system is established. 

Sec. 5. All rules and regulations and by-laws estab- 
lished by the Directors shall be printed in pamphlet form, for 
the information and guidance of those connected with the 
management of Penitentiaries or convict labor; and such 
parts of said rules as refer to the duties of subordinate of- 
ficers, and government of convicts, shall also be printed in 
suitable form and posted in the cells and conspicuous 
places about the prison, for the information of all con- 
cerned. 

Sec. 6. The Directors of Penitentiaries shall meet at 
least three times per month, at such place as they may agree 
upon, for conference upon matters pertaining to the Peni- 
tentiaries; and at the close of each regular monthly meet- 
ing they shall report in writing to the Governor the gen- 
eral condition and management of the convicts, with such 
other information concerning Penitentiary matters and op- 
erations as they may deem important. They shall have a 
suitable book in which they shall keep a full and complete 
record of all their proceedings, and all orders made by 
them. 

Sec. 7. The Directors shall also make such special re- 
ports to the Governor as he may at any time require, upon 
any matters connected with the Penitentiaries; and they 
shall report once in each month to the Governor of this 
State, especially in regard to the food and clothing fur- 
nished the convicts, and whether the food is proper and 
healthy, and sufficient in quantity; also, whether the cloth- 
ing is of the proper kind for comfort and health, and suited 
to the season. They shall also report in regard to atten- 
tion by Physicians. 

Sec 8. The Directors shall at all times have access to 



Penitentiary Regulations. 57 

the Penitentiaries, and shall make an inspection of the Pen- 
itentiary at least three times per month. 

Sec. 9. It shall be the duties of the Directors, or either 
of them, to examine into all complaints preferred by a con- 
vict, and if found substantial to take immediate measures for 
the correction of the abuse. For this purpose they are au- 
thorized to administer oaths, summon and examine wit- 
nesses, and take such other steps as they may deem neces- 
sary to ascertain the truth with respect to any matter 
about which they have a right to inquire. They are also 
authorized to administer oaths in all other matters pertain- 
ing to the administration and management of Penitentiaries 
and convicts 

Sec. 10. The Directors shall also examine into any im- 
proper conduct alleged against the Superintendent or other 
officer or employe of either of the Penitentiaries, or the 
Lessee of either Penitentiary, or any hirer of convicts, and 
report the same to the Governor; and they may at discre- 
tion remove any officer or employe of either Penitentiary 
who may have been appointed by them or under their au- 
thority. 

Sec. 11. The Directors shall report to the Governor bi- 
ennially on or before the first Monday in November, a com- 
prehensive review of the government, discipline, condition 
and transactions of the several Penitentiaries for the preced- 
ing two years, or since the date of their last similar report; 
and shall make such suggestions as they may deem advisa- 
ble, relative to any improvements or changes in the plans 
of the Penitentiaries or their management, by reason of 
which they may be better adapted to carry out the objects 
for which they were designed. And they shall transmit 
therewith the reports of the Superintendent and Physicians 
of each Penitentiary, and all of said reports shall be printed 
and laid before the Legislature. 

Sec 12. Whenever the term "Directors" is used in 
this act without qualifications, it means the three Directors, 
or any two of them. 

THE SUPERINTENDENT AND HIS DUTIES. 

Sec. 13. The Governor shall appoint, by and with the 



58 Penitentiary Eegulations. 

advice and consent of the Senate, a Superintendent and an 
Assistant Superintendent for each Penitentiary, who shall 
hold his office for the term of two years, and until the ap- 
pointment and qualification of his successor. In case of a 
vacancy in said offices the same may be filled by executive 
appointment for the unexpired term. 

Sec. 14. The Superintendent shall have general super- 
vision and control over all convicts imprisoned in the Pen- 
itentiary for which he is appointed, and over all Overseers 
and Guards connected therewith; but in case of a lease of 
the Penitentiary such control shall not extend to the labor 
of the convicts except as may be hereinafter specially pre- 
scribed. He shall see that all officers under his supervision 
discharge their several duties, and may discharge any sub- 
ordinate officer or employe for official misconduct or fail- 
ure to perform his duty. 

Sec. 15. As the executive officer of the Penitentiary he 
shall have all power necessary to a discharge of his duties, 
subject only to the instructions of the Directors or Gov- 
ernor, and he shall be responsible for the discipline of the 
prison proper and the manner in which it is enforced. 

Sec. 16. The Superintendent shall reside within the Pen- 
itentiary, provided there be a suitable house or room for 
such residence, and shall not absent himself therefrom un- 
less upon business connected with the duties of his office, 
or with the permission of the Directors or Governor. 

Sec. 17. He shall visit frequently the cells of the con- 
victs and other places within the walls of the Penitentiary 
where they may be engaged at labor, and shall see that 
they are humanely and properly treated, and shall give at- 
tention to all complaints made by a convict against any 
officer, employe or lessee of of the Penitentiary. He shall 
at all suitable times converse in a kindly manner with the 
convicts, and use his best endeavors to produce in them a 
spirit of reformation. 

Sec. 18. The Superintendent shall keep the records of 
the Penitentiary. He shall keep as far as practicable a 
record of the general conduct of each prisoner, noting all 
punishments, changes and incidents of importance that may 



Penitentiary Regulations. 59 

occur during his confinement. He shall receive and re- 
ceipt for all criminals that may be brought to the Peniten- 
tiary in accordance with law; and shall keep a register of 
all such criminals received, showing the name and regis- 
tered number of each criminal (giving his classes, if any) 
the sex, age, height, color of eyes and hair, place of na- 
tivity, previous occupation, time of conviction, for what 
period of confinement, county from where sent, date of re- 
ception and previous habits, if known. 

Sec. 19. The Superintendent shall make a written re- 
port to the Directors bi-ennially on or before the first day 
of November, in which he shall distinctly set forth the 
number of convicts committed to the Penitentiary since his 
last report, the month in which received, the name, age, sex 
and place of nativity, crimes for which sent, habits, educa- 
tion, marital relations, time of imprisonment, from what 
county sent, the number of deaths, escapes, pardons and 
discharges, the whole number therein confined, the va- 
rious occupations in which they are employed, and the 
number employed in each, amount of vouchers issued and 
accounts approved or passed upon. He shall also make a 
monthly report to the Governor, showing the management 
of the Penitentiary and the character of the treatment and 
discipline of the convicts. Said report shall show: 1. The 
number of convicts received since last report. 2. The 
number and name of convicts discharged, pardoned, escaped, 
died and recaptured. 3. How the convicts have been fed 
and clothed. 4. The number who have been sick during 
the month. 5. The number of convicts within the walls 
and the names of places outside the walls where convicts 
are employed and number at each place. 

Sec. 20. In cases of escape, the Superintendent may, 
with the approval of the Governor, offer a reward not ex- 
ceeding one hundred dollars for the apprehension and re- 
turn of a convict, which shall be paid to the person en- 
titled thereto on the certificate of the Superintendent, ap- 
proved by the Governor, out of the appropriation for the 
arrest of fugitives from justice. 

Sec. 21. During the absence of the Superintendent and 
the Assistant Superintendent, or the inability of each to 



60 Penitentiary Regulations. 

act, the Directors may designate some proper person to act 
in his stead. 

Sec. 22. The Superintendent shall make out and fur- 
nish monthly to the Governor, to the Comptroller and to 
the Lessees, an account showing the amount due the State 
on account of the leasing of the Penitentiary or hire of 
convict labor. He shall examine and pass upon all ac- 
counts connected with the penitentiary of which he is Su- 
perintendent, and in which the State is sought to be 
charged, including accounts for repairs and improvements, 
reception and transportation of convicts; he shall not ap- 
prove any account until it is first sworn to, nor shall he 
approve any account for transportation of prisoners unless 
the proper commitment papers are presented, nor shall he 
allow for any guard used in the transportation of prison- 
ers, unless the same be authorized by the District Judge, 
which authority must accompany the commitment pa- 
pers. 

Sec. 23. The Superintendent is authorized to adminis- 
ter oaths in all matters connected with the Penitentiary 
and its management, and to all parties presenting claims 
such as mentioned in the preceding article, and for this 
purpose he shall be provided with a seal of office, where- 
on shall be engraved in the center a star of five points 
and the words " State Penitentiary, Texas," around the 
margin, the blank to be filled with the name of the place 
where the Penitentiary is located, with which seal he shall 
authenticate all his official acts. 

Sec. 24. The Superintendent shall receive and examine 
all communications to and from convicts. 

Sec 25. The Assistant Superintendent shall visit, at 
least once in each month, all prison camps or other places 
where convicts are employed, and examine into all com- 
plaints preferred by a convict or by citizens, and if found 
substantial, to take immediato measures for the correction 
of the abuse. For this purpose he is authorized to admin- 
ister oaths, summon and examine witnesses, and take such 
other steps as he may deem necessary to ascertain the truth 
with respect to any matter about which he had a right to 
inquire j but the authority thus given to the Assistant §u- 



Penitentiary Regulations. 61 

perintendent shall be exercised in conformity with the law, 
and such regulations as may be so established by the Di- 
rectors of the Penitentiary, and then only in correcting 
abuses and removing complaints in outlaying camps, or 
other places where convicts are employed outside of the 
prison walls. 

Sec. 26. The Assistant Superintendent shall make writ- 
ten reports to the Superintendent once at least each month, 
showing the management, condition and discipline of all 
convicts outside the prison walls; the number and names 
of convicts in each of the camps or other places where they 
may be employed, how they have been fed and clothed 
during the month, the names and number of those who 
have escaped, died or been recaptured, and the number who 
have been sick during the month. 

Sec. 27. The Assistant Superintendent shall receive an 
annual salary of twelve hundred dollars, and his actual 
traveling expenses while engaged in the duties of his of- 
fice, not to exceed the sura of six hundred dollars in any 
one year. 

THE PHYSICIAN AND HIS DUTIES. 

Sec. 28. The Directors for Penitentiaries shall appoint 
for each Penitentiary a physician, who shall hold his office 
for a term of two years, unless sooner removed by the Di- 
rectors for cause. 

Sec. 29. The Physician shall visit the Penitentiary 
daily, and as much oftener as may be necessary for the pur- 
pose of ascertaining the health of the criminals and giving 
proper medical attention to such as are sick. 

Sec. 30. He shall attend immediately upon any case of 
sickness among the criminals when notified thereof. He 
shall, when required, examine any convict for the purpose 
of ascertaining whether he is physically able to perform 
the work at which it is proposed to place him, and make 
report of the result of such examination to the Superinten- 
dent. 

Sec. 31. lie shall notify the Superintendent of each 
in which, on account of ill health, it may be deemed ad- 



62 Penitentiary Regulations. 

visable to remove a convict from the Penitentiary to some 
healthy locality, where he shall be made as comfortable as 
practicable; and he shall cause any convict suffering under 
contagious or infectious disease to be removed, so that 
other criminals may not suffer by such contagion or infec- 
tion. 

Sec. 32. If directions be given by the Physician for the 
removal from the Penitentiary of any person suffering un- 
der a contagious or infectious disease, such person shall be 
immediately removed to some place and be there retained 
until he recover or die. 

Sec. 33. The Physician shall inquire into the mental as 
well as the bodily condition of each convict, and give such 
advice to the Superintendent as he may deem proper re- 
specting the mode of treatment of any convict who may 
appear to be materially affected either in body or mind, 
and such advice shall be followed by the Superintendent 
unless the Directors shall otherwise direct. 

Sec. 34. Convicts, when sick, shall be kept in the hos- 
pital, except when the Physician may otherwise direct, and 
the hospital, and all persons employed therein, shall be un- 
der the management and control of the Physician. Nurses 
may be employed by the Physician, with the approval of 
the Directors, when required in case of sickness. 

Sec. 35. The treatment prescribed by the Physician for 
convicts suffering with disease shall in all cases be strictly 
followed, and only such diet shall be given a sick convict 
as the Physician may direct. 

Sec. 36. A convict afflicted with serious illness or dan- 
gerous disease shall not, while in that condition, be dis- 
charged from the Penitentiary, except upon his own re- 
quest, although his time of imprisonment may have ex- 
pired. 

Sec 37. The Physician shall keep a journal in which 
he shall enter the name of each convict treated by him or 
under his direction in or about the Penitentiary, noting 
when he was taken sick, with what disease afflicted, gen- 
eral treatment, date of his discharge, from the hospital, or 



Penitentiary Regulations. 63 

from further treatment, with such other remarks as he may 
deem important. 

Sec. 38. The Physician shall make a written report to 
the Directors bi-ennially, on or before the first day of No- 
vember, in which he shall state: 

1. The number of cases of sickness among the convicts 
for the two years past. 

2. With what disease they were afflicted. 

3. The number of deaths among the convicts, and with 
what disease they died. 

4. The number and character of all surgical operations 
performed. 

5. The general sanitary condition of the Penitentiary. 

6. Such suggestions as he may deem important to the 
improvement of the sanitary condition of the institution, 
or conducing to the physical welfare of the convicts. 

7. Any facts or incidents coming under his observation that 
he may deem of general interest to the public or of bene- 
fit to science. He shall also report quarterly to the Direc- 
tors, or oftener if required, the sanitary condition of the 
Penitentiary. 

THE CHAPLAIN AND HIS DUTIES. 

Sec. 39. The Directors shall appoint a Chaplain for 
each Penitentiary, who shall hold his office for the term of 
two years, unless sooner removed by the Directors. 

Sec. 40. He shall preach at least once every Sunday to the 
convicts, and shall visit them at convenient times during 
their hours of leisure each week, and use all the influ- 
ence he may possess to inculcate in them sound principles of 
religion and morality. 

Sec. 41. The Chaplain shall be ex officio Librarian of 
the Penitentiary, and under such regulations as the Direc- 
tors may prescribe shall furnish the convicts with such 
books, periodicals and publications as it may contain. 

Sec. 42. The chaplain shall not in his conversations or 
discourses with the convicts discuss doctrines merely sec- 
tarian, but he shall teach such principles of religion and 
morality as are common to all Christian churches. 

Sec. 43. By permission of the Physician he may visit 



64 Penitentiary Regulations. 

convicts in case of sickness, and he shall in all cases be ad- 
mitted to the bedside of any convict who has been pro- 
nounced by any physician as beyond reasonable hope of re- 
covery. 

Sec. 44. Preachers, ministers and priests of all relig- 
ious denominations shall by the consent of the Superinten- 
dent have access to the penitentiary, and may, at any reas- 
onable time, be allowed to preach to the convicts; and a 
convict shall, at all proper time[s], be permitted to receive 
visits from and hold converse with any preacher, minister 
or priest he may desire to see. 

UNDER OFFICERS, OVERSEERS AND GUARDS. 

Sec. 45. The Directors shall appoint, upon the nomi- 
nation of the Superintendent, such number of Under Offi- 
cers, Overseers and Guards for each Penitentiary as may be 
necessary to preserve discipline and prevent escapes. The 
Superintendent may nominate several persons^for the same 
from whom the Directors may select; but in case the Di- 
rectors do not approve of nominations made by the Super- 
intendent, they may appoint independently of such nomina- 
tion[s]; provided, that when the Penitentiary is leased the 
lessees shall appoint all Under Officers and Guards, subject 
to removal at any time by the Superintendent on account 
of inefficiency or misconduct. 

Sec. 46. When Penitentiaries are being directly oper- 
ated by the State the Directors may also employ such num- 
ber of skilled workmen, or other employes, as they may 
deem essential to the successful operation of the institution 
and to the pecuniary interest of the State. 

Sec. 47 All Under Officers, Overseers, Guards and em- 
ployes shall receive such compensation for their services as 
the Directors may prescribe, to be paid by the State on 
certificate of Superintendent, and they shall be subject t<? 
removal by the Directors, or in their absence by the Super- 
intendent, who shall report his action to the Directors. This 
manner of compensation is not applicable when any other 
mode is provided for at any time by the terms of any 
lease. 

Sec. 48. All Under Officers, Overseers, Guards and em 



Penitentiaey Regulations. 65 

ployes shall be subject to the orders of the Superintendent 
and shall in all things comply with his directions. Any com- 
plaint of ill treatment toward them on his part may be 
made to the Directors, who shall inquire into the same 
and take such action as the facts may seem to demand; 
provided, no person shall be employed as a Guard who is 
not a qualified voter of this State. 

THE TREATMENT OF CONVICTS AND PEISON DISCIPLINE. 

Sec 49. The various provisions of this act are designed 
to secure to the convicts moral instruction, to provide for 
their health and extend to them such comforts as are con- 
sistent with their situation, and at the same time to require 
of them a due attention to their various occupations and a 
strict observance of the discipline, rules and regulations 
of the prison. 

Sec 50. If the convict be a female with an infant 
child, the latter shall be received into the Penitentary with 
its mother, and there kept until it arrives at the age of four 
years, when the Superintendent shall deliver it, or cause it 
to be delivered to its relative, if there be any; if not, to 
the County Judge of the county from which the convict 
was sent, to be dealt with according to law; and if any 
child shall be born in the Penitentiary, the same course 
shall be pursued in reference to it as is herein indicated for 
children brought there. 

Sec 51. Every convict when received into the Peniten- 
tiary shall be carefully searched and deprived of every ar- 
ticle by which an escape might be affected. If money be 
found upon the person of a convict, it shall be delivered or 
safely forwarded by the Superintendent to the wife or 
children of the convict, save and except an amount of one 
dollar per month, which may be retained by the Superin- 
tendent and spent by him for the benefit of the convict on 
his written order. If he have no wife or children, it shall 
be safely kept and delivered to the convict upon his final 
discharge, save and except the allowance of one dollar per 
month, to be spent as herein provided. 

Sec 52. The convicts shall be treated with humanity, 
and a distinction may be made in their treatment, so as to 



66 Penitentiary Regulations, 

extend to such as are orderly, industrious and obedient, 
comforts and privileges acccording to their deserts. Suita- 
ble clothing of substantial material and uniform make, and 
sufficient food of wholesome quality shall be furnished to 
all; but they are to be allowed no spirituous, vinous or malt 
liquors, except upon the prescription of the Physician. 

Sec. 53. Convicts of different sexes shall at all times be 
kept separate and apart, and no communication shall be al- 
lowed between them. 

Sec. 54. Convicts sentenced to hard labor shall be kept 
at work under such rules and regulations as may be 
adopted by the Directors; provided, that no labor shall be 
required of any convict on Sunday, except such as is abso- 
lutely necessary. 

Sec. 55. No greater amount of labor shall be required 
of a convict than a due regard for his physical health and 
strength may render proper, and no convict shall be placed 
at such labor as the Penitentiary Physician may pronounce 
him physically unable to perform. 

Sec. 56. Convicts who have been reported by the Phy- 
sician as in a condition of health which requires their re- 
moval to some other place, shall be accordingly removed; 
but in such a manner and under such regulations as will 
prevent escape. 

Sec 57. Convicts who are unable to read or write when 
admitted to the Penitentiary, may receive instruction dur- 
ing lesson hours, under such regulations as the Directors 
may prescribe; and the Directors are authorized to employ 
a competent teacher for that purpose, at such compensation 
as they may designate, to be paid by the State upon the 
certificate of the Superintendent. 

Sec. 58. The rewards to be bestowed upon convicts 
who evince a purpose of reformation and a disposition to 
obey the rules of discipline, shall consist of an extension of 
social privileges, permission to read and write, and such 
other mitigations of punishment as may not be inconsistent 
with proper discipline. No written communication from a 
convict shall in any case be sent out without the permission 
of the Superintendent, nor until it has been read by him. 



Penitentiary Regulations. 67 

Commutation of time for good conduct shall be granted by 
the Superintendent, with the approval of the Directors, as 
follows* For each month in which no charge of misconduct 
is sustained, first year two days per month, twenty-four 
days per year; second year, three days per month, thirty- 
six days per year; third year, four days per month, forty- 
eight days per year; fourth year, five days per month, 
sixty days per year; fifth year, six days per month, seventy- 
two days per year; sixth year, seven days per month, 
eighty-four days per year; seventh year, eight days per 
month, ninety-six days per year; eighth year, nine days per 
month, one hnndred and eight days per year; ninth year, 
ten days per month, one hundred and twenty days per year; 
tenth year, fifteen days per month, one hundred and eighty 
days per year; all succeeding years, there shall be allowed 
fifteen days per month. For each sustained charge of mis- 
conduct the commutation for one month in that year to be 
forfeited, and for any mutinous conduct, conspiracy or es- 
cape, all good time up to that date shall be forfeited. 

Sec. 59. The punishments that may be prescribed by the 
Directors shall consist of closer imprisonment, confinement 
in irons, deprivation of privileges, and other punishments 
of like character; provided, he shall not be deprived of his 
food at regular hours. Whipping shall not be resorted to. 
except upon the special order of the Directors in particular 
cases, nor shall a convict's head be shaved in any instanoe. 

Sec. 60. When a convict is entitled to his discharge by 
reason of the expiration of his term of imprisonment, the 
Superintendent shall furnish him with a written discharge, 
giving name, when sentenced, from what county, and such 
other description as may be practicable, affixing thereto his 
name and seal of office. He shall see that he is furnished 
with a plain suit of citizen's clothing; and, also, that he is 
given five dollars in money, and transportation on railroads 
to nearest depot to county seat from whence sentenced ; 
provided, that such transportation shall not be more than 
fifteen dollars; and, provided further, that if said con- 
vict prefers he may receive transportation ticket for same 
distance Jin some other direction than his county from 
whence sentenced; and, provided further, that this allow- 



68 Penitentiary Regulations. 

ance is not intended to apply to any convict who may be 
pardoned out of said Penitentiaries. 

SALARIES OF OFFICERS. 

Sec. 61. The Directors of the Penitentiaries shall each 
receive an annual salary of two hundred and fifty dollars 
and no more. 

Sec. 62. The Superintendents of the Penitentiaries 
shall each receive an annual salary of fifteen hundred dol- 
lars and no more. 

Sec. 63. The Physicians of the Penitentiaries shall each 
receive an annual salary of five hundred dollars and no 
more. 

Sec 64. The Chaplains of the Penitentiaries shall each 
receive an annual salary of two hundred and fifty dollars 
and no more. 

VISITS TO THE PENITENTIARIES. 

Sec 65. The Governor and all otherof the executive and 
judicial departments of the government, and members of 
the Legislature, shall be admitted into the Penitentiary at 
all proper hours, for the purpose of observing the conduct 
and operations of the institution. 

Sec 66. Any other person may visit the Penitentiary 
with the permission of the Superintendent or some one of 
the Directors, but no conversation shall be held with a con- 
vict by any visitor other than the Governor, except by per- 
mission of the Superintendent. 

Sec 67. The Governor and all other officers named in 
section Q5 may hold conversations with the convicts apart 
from the Superintendent or any other officer, and so may 
Directors, or either one of them. 

LESSEES OF THE PENITENTIARIES. 

Sec 68. Whenever practicable, Penitentiaries may be 
operated under a lease, in accordance with the regulations 
prescribed in this act. 

Sec. 69. Each lease of the Penitentiary shall be for 



Penitentiary Regulations. 69 

some definite term, not to exceed fifteen years, after public 
notice by advertisement in at least three newspapers of the 
State, and shall be executed by the Governor, upon such 
terms and conditions as he may deem best for the public 
interest, special regard being had as far as practicable to 
the exaction of the penalty imposed by law on each con- 
vict, and to the protection, well being and humane treat- 
ment to which a convict is entitled at the hands of the 
State. 

Sec. 70. No lease shall be made by which the control 
of the convict, except as to reasonable amount of labor, 
shall pass from the State or its officers, and the manage- 
ment of criminals shall, in all cases and under all circum- 
stances, remain under the control of the State and its offi- 
cers. 

Sec. 71. For the purpose of enforcing any regulation 
touching the physical capacity of convicts to perform cer- 
tain kinds of labor, or regulation requiring certain convicts 
to be kept within the prison walls, the Directors may re- 
quire the Lessees of the Penitentiary to change convicts from 
one kind of labor to another, and to remove convicts from 
any point outside to within the prison walls. 

Sec. 72. The Directors may also make and change at 
pleasure, with the approval of the Governor, all rules for 
the discipline and punishment of convicts, and how they 
shall be fed, clothed, worked, instructed or guarded. 

Sec 73. Every lease shall 'be subject to the approval 
or revocation of any Legislature of the State thereafter 
convened, and to any and all existing laws touching the 
Penitentiaries and convicts, or any others thereafter passed, 
and any failure on the part of a lessee to carry out, in good 
faith, any of the terms of his lease, or to comply with any 
of the conditions of any bond he may have executed, shall 
ipso facto operate as a forfeiture of such lease, and the 
Governor may so declare, and at once resume control of the 
Penitentiary; and the provisions of this act shall apply to 
the present lease of the Penitentiary at Huntsville, but 
should not be construed to increase or add to the pecuniary 
responsibilities or obligations of the present Lessees and 



70 Penitentiary Regulations. 

their sureties as they stood when they executed their bond 
to the State. 

Sec. 74. Any lease made by the Governor shall be sub- 
ject to the reservations to the State in the four preceding 
articles contained, whether specified in the lease or not, 
and the State shall not, under the guise of contract, or in 
any other manner, part with the right to direct how, at any 
time and under all circumstances, its convicts shall be 
lodged, fed, clothed, worked and treated. 

Sec. 75. The right to hire out convicts and to operate 
them outside the Penitentiary walls is expressly given; but 
no convict shall be hired or put to labor outside the walls 
when his labor can be utilized within the walls; and the 
Governor and Directors may prescribe what class or classes 
of convicts may be hired out or put to labor outside the prison 
walls, and such other regulations pertaining to the same as 
they may deem proper; provided, that on the first day of 
January, 1880, or as soon thereafter as practicable, the Gov- 
ernor and Directors shall require all convicts to be confined 
at labor inside the walls of one of the Penitentiaries. 

Sec. 76. In case of a lease of any Penitentiary, the Les- 
see shall execute and deliver to the Governor a bond in an 
amount to be designated by him, with two or more good 
and sufficient sureties, to be approved by him, payable to 
the State of Texas, and conditioned that said Lessee shall 
faithfully comply with the terms of his lease, which bond 
shall be deposited in the office of the Secretary of State. 

Sec. 77. Whenever a Penitentiary is leased an inven- 
tory and valuation of all the materials, machinery and 
property of every description belonging to the Peniten- 
tiary, except the land, shall be made by appraisers, one of 
whom shall be appointed by the Governor, and the other 
by the Lessee, and in case of disagreement between the ap- 
praisers, they shall select an umpire. Upon completion of 
the appraisement and its return to the Governor under oath, 
the property shall be receipted for to the Governor at its 
appraised value. 

Sec. 78. Upon the termination of any lease by the ex- 
piration of its term or otherwise, the Lessee shall quietly 
and peacefully surrender and return to the State all the 



Penitentiary Regulations. 71 

property belonging to the Penitentiary; a like inventory 
and valuation shall then be made of all the property be- 
longing to the State, or to the possession of which it may 
be entitled under the terms of the lease. For all property 
returned in good order and repair the lessee shall be cred- 
ited with the value thereof, as fixed by appraisement when 
he received it; for all property returned not in good 
order and repair, the lessee and his sureties shall be charged 
with such amount, to be estimated by appraisers, as will be 
necessary to put the same in good order and repair; for all 
property received from the State and not returned, the Les- 
see and his sureties shall pay the value thereof, as fixed by 
appraisement when he received it, except that the Lessee 
shall not pay for property destroyed by fire not occasioned 
by the fault of himself or his employes. 

Sec. 79. The Lessee shall have the use of all land, build- 
ings, machinery, tools and other property connected with 
the Penitentiary, and may make improvements and addi- 
tions to the Penitentiary with the approval of the Governor 
and the Directors, and under such limitations as may be 
fixed by them; and such Lessee shall be allowed a reason- 
able compensation for such improvements as are of a per- 
manent nature, at the expiration of the lease, the amount 
of such compensation to be determined by the Governor 
and Directors; provided, if any improvements are made by 
a Lessee with the approval and consent of the Governor and 
Directors, and said Lessee, by the terms of his lease, has to 
pay any moneys before the termination of his lease, he shall 
be credited with said improvements: first, on any funds 
that may be due the State; or, second, out of fir.it moneys 
which may become due the State on account of lease. 

Sec. 80. The Lessee shall have the right to introduce 
into the Penitentiary such skilled labor as he may deem 
proper and necessary for the efficient operation of convict 
labor, and to superintend and instruct the same. 

Sec. 81. The Lessees shall furnish everything necessary 
for the support and maintenance of the Penitentiary leased, 
including the salaries of all officers, and the compensation 
of all employes; but the salaries of officers shall be paid by 
the Lessees into the State Treasury, and thejre held as a 
special fund for the payment of said officers. 



72 Penitentiary Regulations. 

Sec. 82. The Governor, in the execution of any lease, 
may make such other stipulations and agreements, not in- 
consistent with the provisions of this act, as he may deem 
to the interest of the State or essential to its protection, 
and such stipulations and agreements shall be binding in 
all respects upon the Lessee; and the bond given shall be 
construed to extend to and include the performance of 
such stipulations and agreements, in the same manner as if 
the duties were imposed by positive law. 

Sec. 83. No Superintendent shall be appointed for the 
East Texas Penitentiary, at Rusk, until convicts are con- 
fined therein. 

Sec. 84. The office of Commissioner of the Penitentiary, 
now or heretofore existing, is hereby abrogated. 

Sec. 85. The fact that the large number of convicts now 
within and without prison walls, and the changed condi- 
tion of things incident to the leasing system, renders the 
laws heretofore passed wholly inadequate, constitutes an 
emergency and an imperative public necessity which justi- 
fies the suspension of the constitutional rule requiring this 
bill to be read on three several days; therefore, the said 
rule is hereby suspended, and this act shall take effect and 
be in force from and after its passage. 

Approved March 24, A. D. 1879. 

Takes effect from and after its passage. 



CHAPTER XXXVIII. 

General Laws of Texas, passed at the /Special Session of 
Sixteenth Legislature: An act entitled "An act supple- 
mentary to an act entitled i an act to provide for the or- 
ganization of the State Penitentiaries, and to regulate 
the management of the convicts therein?" approved 
March 2J>, 1879." 

Section 1. Be it enacted by the Legislature of the 
State of Texas, That the Governor shall appoint, by and 
with the advice and consent of the Senate, when in session, 



Penitentiary Regulations. 73 

one additional Assistant Superintendent of the State Peni- 
tentiaries, who shall hold his office during the term of the 
Governor, unless sooner discharged by ihe Governor, who 
shall perform such duties and have such powers as are re- 
quired of and authorized by the Assistant Superintendent 
in the act entitled "An act to provide for the organization 
of the State Penitentiaries, and to regulate the management 
of the convicts therein,". approved March 24, 1879, and said 
Assistant Superintendent shall receive the same salary and 
emoluments as fixed by said^act for the Assistant Superin- 
tendent. 

Sec. 2. The additional Assistant Superintendent, to- 
gether with the present Assistant Superintendent, shall di- 
vide the convict camps or places where convicts are em- 
ployed into two divisions, and assign one Assistant Super- 
intendent to each of said divisions; and said officers shall 
visit such camps or places where convicts are employed at 
least twice in each month and examine into and report to 
the Governor all complaints preferred by convicts or by 
citizens, which may have been substantiated by satisfactory 
evidence, and they may exchange districts with each other 
in their discretion. 

Sec. 3 Said Assistant Superintendents shall make re- 
ports of the condition of the convicts, their names and how 
treated and clothed, etc., in their respective divisions, as is 
now required by law of the Assistant Superintendent. 

Sec. 4. It shall be the duty of the Superintendent and 
Assistant Superintendent to have all convicts who may die 
while in custody, decently buried, and have each grave 
marked by a board with a suitable inscription, giving the 
name of the convict, what county he resided in, the date of 
his death and his age, if known. 

Sec. 5. The importance of the immediate passage of 
this bill, there being now only one Assistant Superinten- 
dent, and the welfare of the convicts and the interests of 
the State requiring one more such officer, and the fact that 
this session of the Legislature is limited to thirty days and 
the greater portion of the time having already expired, 
creates an emergency and an imperative public necessity 
for the immediate taking effect of this act, and for the sus- 



74 Penitentiary" Regulations. 

pension of the constitutional rule requiring bills to be read 
on three several [days}; and it is therefore enacted, that 
said rule is suspended, and that this act take effect and be 
in force from and after its passage. 

Approved July 9, A. D. 1879. 

Takes effect ninety days after adjournment. 



CHAPTER XLIX. 

General Laws of Texas passed at the Regular Session of 
the Seventeenth Legislature: An act entitled "An act to 
provide for the organization of the State Penitentiaries ', 
and for the more efficient management of the same.^ 

THE PENITENTIARY BOARD AND ITS DUTIES. 

Section 1. Be it enacted by the Legislature of the 
State of Texas, That the Governor, State Treasurer and the 
Superintendent of the State Penitentiaries, are hereby cre- 
ated and constituted a board, to be styled " The Peniten- 
tiary Board." Two members thereof shall constitute a 
quorum for the transaction of business, and have power to 
carry any proposition, or make any act binding. 

Sec. 2. That the said Board shall have the general man- 
agement and control of the State Penitentiaries and other 
State penal institutions, established or to be established, 
and of all State convicts, whether within or without the 
walls of said institutions. It shall approve and make 
all contracts for the building of any new penal insti- 
tutions, and for any additions, repairs and improvements 
necessary to be made in connection with the Penitentiary or 
convict system of this State, on the terms prescribed by 
law, if any, or, in the absence thereof, on such terms as it 
may consider for the best interests of the State. It shall 
have power to purchase, or cause to be purchased, any 
lands, buildings, machinery, apparatus, tools, etc., neces- 
sary for the use, preservation and operation of the Peni- 
tentiaries or otherJ penal institutions, to the end that the 
largest number of State convicts that can be profitably em- 
ployed and comfortably accommodated therein, may be 



Penitentiary Regulations. 75 

confined and worked within the walls as soon as practica- 
ble; provided, that no contract for improvements or pur- 
chase be made, unless an appropriation shall have been 
made therefor, except as hereinafter provided. 

Sec. 3. Said Board shall have power to appoint an ar- 
chitect to make examinations and estimates, and, draw 
plans and specifications of buildings or other improvements 
to be made, and to perform such other duties as may be 
prescribed by said Board, and he shall be entitled therefor 
to five dollars per day for the time employed, and his ac- 
tual traveling expenses, to be approved by the Board, the 
same to be paid out of such funds as may be appropriated, 
or if no appropriation has been made, then if the services 
have been performed in connection with the Penitentiaries, 
then out of any Penitentiary fund available for the pur- 
pose. 

Sec. 4. It shall be the duty of said Board to make con- 
tracts for the transportation of convicts from the counties 
where sentenced, or confined after sentence, to the Peni- 
tentiaries or other penal institutions, under such regulations 
as may now or hereafter be prescribed by law, unless by 
the terms of any lease the Lessees contract to receive them 
at the county jails. 

Sec. 5. The Board shall have power to condemn useless, 
injured or worn-out property of any description in or about 
the Penitentiaries belonging to the State, and cause the 
same to be destroyed or sold, and if in any lease said prop- 
erty has been inventoried to any Lessees, they shall receive 
credit for the same; provided, it was useless, injured or 
worn-out when received. 

Sec 6. The Governor may, with the concurrence of 
said Board, at any time within two years next before the 
expiration of any lease of the Penitentiaries, or either of 
them, make another lease subject to the provisions herein- 
after contained, under which contract of lease the prop- 
erty and convicts leased shall be delivered at the expira- 
tion of the existing lease, whether it expires by limitation, 
forfeiture or by agreement between the Penitentiary Board 
and the Lessees. The Governor and the board shall have 



76 Penitentiary Regulations. 

power to rescind by agreement a contract of lease, when 
the interests of the State will be benefited thereby. 

Sec. 1. The Board may at anytime issue such orders, 
and prescribe such rules and regulations for the govern- 
ment of the Penitentiaries, not inconsistent with law, as 
they may deem proper, in order to supply any defect in 
the general law, in regard to prison management and dis- 
cipline, and to provide for such details as are not embraced 
therein, and for such contingencies as may at any time 
arise concerning the management of the Penitentiaries and 
their proper and successful operation, and such rules and 
regulations shall be made with the view to carry out the 
general principles on which the penal laws are founded, 
and the design for which the Penitentiary system is estab- 
lished, and shall be binding upon all officers of Peniteni- 
tiaries, Under Officers, Lessees, employes, and all persons 
whatsoever in any way connected with the Penitentiaries 
or their management, or with the convicts either within or 
without the walls thereof. 

Sec. 8. The Board shall have all laws, rules, regula- 
tions and by-laws printed in pamphlet form, for the infor- 
mation and guidance of all connected with the manage- 
ment of the Penitentiaries or convict labor, and such parts 
of said rules as refer to the duties of subordinate officers 
and convicts shall also be printed in suitable form and post- 
ed in conspicuous places about the prisons, for the inform- 
ation of all concerned. 

THE SUPERINTENDENT AND HIS DUTIES. 

Sec. 9. In order that there may be a more efficient su- 
pervision of the Penitentiaries, and a uniformity in the 
management of the same, and of the discipline and general 
treatment of the State convicts, whether confined within 
or without the walls, the Governor shall appoint, by and 
with the advice and consent of the Senate, a Superinten- 
dent of Penitentiaries, who shall hold his office for the 
term of two years, and until the appointment and quali- 
fication of his successor. In case of a vacancy in said 
office, the same may be filled by executive appointment 
for the unexpired term. 

Sec. 10. The Superintendent of Penitentiaries shall 



Penitentiary Regulations. 77 

reside and have his office at such place as may be desig- 
nated by the Penitentiary Board. He shall have a general 
supervision and control over all Penitentiaries established 
or to be established in the State, over the discipline, man- 
agement, treatment and control of all convicts who may 
be imprisoned in said Penitentiaries, or who may be oper- 
ated outside the walls thereof, and over all Officers, Over- 
seers and Guards connected therewith. He may assign 
convicts to such Penitentiary or camp as he may deem 
proper; provided, that in case of a lease of the Penitentia- 
ries, or any one of them, or of the convicts, or any number of 
them, such control shall not extend to the labor of the con- 
victs, except as may be provided by law, or by the terms 
of contract; nor shall he nor any other officer do anything 
calculated in any manner to interfere with the rights of 
the Lessees under their contract. 

Sec. 11. The Superintendent, as the principal execu- 
tive officer of the Penitentiaries, shall have all powers ne- 
cessary to a discharge of his duties, subject to the restric- 
tions imposed on him by law. He may designate such 
number of Under Officers, Keepers, Guards, etc., to be ap- 
pointed by the Assistant Superintendents and Inspectors, 
with his approval, if not provided for in the rules, as he 
may deem necessary for the safe keeping of the convicts, 
or for the maintenance of discipline, and he may discharge 
any Under Officer or employe for official misconduct, or 
whenever, in his judgment, the public interest shall so re- 
quire. 

Sec. 12. The Superintendent shall at all times have ac- 
cess to the Penitentiaries and other places where convicts 
are employed, and shall, unless otherwise officially engaged, 
make a thorough inspection of each Penitentiary at least 
once per month, and of each convict camp twice per year, 
and oftener if practicable. He shall carefully examine 
into any and all complaints, whether made by officers, un- 
der Officers, Lessees, convicts or citizens, and, unless any 
complaints found to be groundless, he shall take such 
action as may be necessary to correct and prevent a recur- 
rence of the same. When it is found that any Assistant 
Superintendent, Inspector, Chaplain, Physician or Lessee 
has been guilty of any serious official or other improper 



78 Penitentiary Eegulations. 

conduct, he shall report the facts thereof to the Governor 
and Penitentiary Board for their action. Any Officer of 
the Penitentiary, Under Officer, Lessee or convict has a right, 
and it shall be his duty, to report to the Governor any offi- 
cial misconduct of the Superintendent, or any cause of 
complaint whatever against him. 

Sec. 13. The Superintendent, in the discharge of his 
duties, is authorized to administer oaths, to summon and 
examine witnesses, and to take such other steps as he may 
deem necessary to ascertain the truth in respect to any mat- 
ter about which he has a right to inquire. He shall exam- 
ine and audit all accounts connected with the Penitentiary 
in which the State is sought to be charged, and administer 
oaths to all parties presenting claims, and, to authenticate 
his acts, may use the seal of either Penitentiary; provided, 
he shall not approve any claim for the transportation of con- 
victs to the Penitentiary, unless the same be sworn to and 
accompanied by the proper commitment papers, and until 
satisfied that all the prerequisites of the law have been 
complied with. 

Sec. 14 He shall make a monthly report to the Governor, 
as President of the Penitentiary Board, showing fully the 
condition and treatment of the convicts, and the changes 
in the prison population during the month. He shall at the 
same time furnish to the Governor, to the Comptroller and 
to the Lessees a statement showing the amount due the 
State on account of the leasing of the Penitentiaries or hire 
of convict labor. He shall, from time to time, make such 
suggestions to the Penitentiary Board as he may deem ad- 
visable relative to any improvements or changes in the 
plans of the Penitentiaries or management. It shall be his 
duty, on or before the first day of November next preced- 
ing the regular session of the Legislature, to make a report 
to the Governor, as President of the Penitentiary Board, 
in regard to the government, discipline, condition and 
management of the Penitentiaries and convicts, showing 
the changes in prison population, the place where convicts 
are employed and occupations in which engaged, their 
moral, intellectual and physical condition, and such other 
matters as may seem pertinent or as may be required by 
the rules, the Governor, or Penitentiary Board. 



Penitentiary Regulations. 79 

Sec. 15. The Superintendent shall keep the records of 
all matters pertaining to the Penitentiaries generally, and 
shall keep a register of all convicts belonging to the Pen- 
itentiaries, whether within or without the walls of the Pen- 
itentiaries, showing the registered number and name of 
each convict, giving aliases if any, age, height, complexion, 
color of hair and eyes, marks on person, sex, nativity, res- 
idence, county where convicted, date of sentence, date of 
receipt, previous occupation and habits, if known. . He 
shall keep, as far as practicable, a record of the general 
condition and conduct of each convict, noting all punish- 
ments, forfeitures for bad conduct, changes and incidents 
of importance that may occur during his confinement, and 
to the end that full and correct records may be kept, he 
may require from all officers such monthly and other re- 
ports as he may deem proper. He shall issue discharges to 
such convicts as are entitled thereto by expiration of term 
or otherwise. 

Sec. 16. During the absence of the Superintendent 
from his office, he may designate some proper person to 
^ perform his clerical duties. 

ASSISTANT SUPERINTENDENTS. 

Sec. IV. The Governor shall appoint, by and with the 
consent of the Senate, an Assistant Superintendent for each 
Penitentiary now or hereafter to be established or organ- 
ized, who shall hold his office for the term of two years, 
and until the appointment and qualification of his succes- 
sor. In case of a vacancy in said office, the same to be 
filled by executive appointment for unexpired term; pro- 
vided, that the Governor shall make no appointment to said 
office until such time as the Penitentiary Board may deem 
that there is a necessity therefor. 

Sec. 18. The Assistant Superintendent shall have im- 
mediate supervision and control over the Penitentiary for 
which he is appointed, and over all convicts confined there- 
in, and over all Officers, Overseers and Guards and employes 
, connected therewith. He shall be responsible for the dis- 
cipline of the prison, and the manner in which it is en- 
forced. He shall appoint the Under Officers, Overseers and 



80 Penitentiary Regulations.' 

guards of the prison, subject to the approval of the Super- 
intendent, and may remove the same; provided, that when 
the Penitentiary is leased his control shall not extend to 
the labor of the convicts, except as herein prescribed; nor 
shall he exercise his power of appointment when the terms 
of the lease require the Lessees to appoint, though he may 
discharge any Under Officer or employe for misconduct or 
failure to perform duty. 

Sec. 19. An Assistant Superintendent shall have such 
powers as are necessary for a proper discharge of his duties 
subject only to the law and the instructions of the Super- 
intendent and Penitentiary Board. He shall, if practicable, 
reside within the Penitentiary, and shall not absent him- 
self therefrom unless upon business connected with the 
duties of his office, or with the permission of the Superin- 
tendent or Governor. During his absence the Under 
Keeper shall act in his stead. 

Sec. 20. The Assistant Superintendent shall visit, fre- 
quently, the prison hospital, the cells, shops and other places 
in and near the Penitentiary where the. convicts may be, 
and shall see that they are humanely and properly treated, 
and shall give prompt attention to all complaints made by 
a convict in regard to his health, general condition, treat- 
ment, or against any officer, employe or lessee of the Pen- 
itentiary; he shall see that the convicts are properly clothed, 
fed and taken care of in sickness and health; that the prison 
buildings, cells, shops and premises are kept in a neat, clean 
and healthy condition, and he shall frequently, at suitable 
times, converse in a kindly manner with the convicts under 
his charge, and use his best endeavors to produce in them a 
spirit of reformation. 

Sec. 21. The Assistant Superintendent shall keep the 
records of the Penitentiary of which he has charge, simi- 
lar to those heretofore required to be kept by the Superin- 
tendent. He shall keep a record of the conduct of 'each 
convict under his charge, noting all punishments and 
charges of misconduct. He shall, on the first of each 
month, make a report to the Superintendent, on blanks to 
be furnished him, the number, names and description of all 
new convicts received by him during preceding month, 



Penitentiary Regulations. 81 

with other changes in prison population; the names of those 
who have been sick, and the names of those punished, or 
whose conduct has been bad. He shall make such other re- 
ports as required by the rules, the Superintendent or the 
Governor. He shall make such bi-ennial reports as may be 
required to the Superintendent, to be forwarded by him 
to the Governor. 

Sec. 22. He shall receive and receipt for all convicts 
that may be brought to the Penitentiary, in accordance 
with law. He shall examine and pass upon all accounts 
connected with the Penitentiary under his charge, before 
submitting them to the Superintendent for his approval. 
He must require all accounts to be sworn to, and he is au- 
thorized to administer oaths in matters connected with the 
Penitentiary and its management, and to all parties pre- 
senting claims as above mentioned, and for this purpose 
he shall be provided with a seal of office whereon shall be 
engraved in the center a star of five points, and the words, 

"State Penitentiary, , Texas," around the 

margin, the blank to be filled with the name of the place 
where the Penitentiary is located, with which seal he shall 
authenticate all his official acts. 

Sec. 23. He shall perform such other duties as may at 
any time be prescribed by the rules of the Penitentiary 
Board. 

INSPECTORS AND THEIE DUTIES. 

Sec. 24. The Governor shall appoint, by and with the ad- 
vice and consent of the Senate when in session, two officers, 
to be styled " Inspectors of Penitentiaries," who shall hold 
office for the term of two years, and until the ap- 
pointment and qualification of their successors; provided, 
that one or both of the Inspectors, who may at any time be 
appointed, may be discontinued when, in the opinion of the 
Penitentiary Board, the duties required are not sufficient to 
require the services of one or both of them. 

Sec. 25. Inspectors have the immediate supervision of 
convicts and officers in charge of them at camps and other 
places outside the walls of the Penitentiaries. It shall be 
the duty of the Superintendent, with the assistance of the 



82 Penitentiary Eegulations. 

Inspectors, to divide the convict camps, or places where 
convicts may be employed outside the walls, into two di- 
visions, and assign one Inspector to each division, but they 
may exchange work or divisions with «ach other at pleas- 
ure. 

Sec. 26. The Superintendent shall, from time to time, 
furnish the Inspectors with a list of the convicts in each 
force in their respective divisions. Each Inspector shall 
visit, at least once in each month, or oftener if required by 
the Superintendent or Penitentiary Board, each convict 
camp or place of employment. He shall see that the con- 
victs charged to each force are on hand, and if not, he must 
inquire and report the cause of absence. When a convict 
has died, he shall investigate into the cause of his death, and 
what nursing and medical attention were given him when 
sick. If a convict has escaped, he shall investigate fully, so 
as to fix the blame, if any, where it properly belongs. He 
shall make strict inquiry as to the treatment of convicts at 
outside camps, and as to whether the law and the rules are 
substantially complied with in their guarding, clothing, 
feeding and work; also as to whether the prison is secure, 
comfortable and kept clean. He shall specially notice the 
punishments inflicted, and whether legal and necessary. 

Sec. 27. The Inspection of each camp or force shall be 
thorough and searching, and the Inspector shall examine 
into all complaints preferred by a convict, officer or others, 
and if there be any ground for complaint, he shall take im- 
mediate measures for the correction of the abuse. For this 
purpose, and any other connected with the management of 
outside convict forces, he is authorized to administer oaths, 
summons and examine witnesses, and take such other steps 
as he may deem necessary, to ascertain the truth. In case of 
illegal punishment, cruelty or abuse of a convict by any 
person, he may take such action as may be proper and nec- 
essary to bring the offender to justice. 

Sec. 28. The Inspector shall report to the Superintend- 
ent, once in each month, showing the management, condi- 
tion, discipline and treatment of convicts in his division; 
how they have been fed and clothed during the month, and 
shall report the names and number of convicts who have 



Penitentiary Regulations. 83 

escaped or died, the number sick, illegal punishments and 
abuses, and all other matters about which he has a right to 
inquire. They shall make such other reports as may be re- 
quired. 

Sec. 29. The Inspector has the right to remove any 
Under Officer in charge of convicts in his division, for in- 
competency, violation of law or failure to discharge his 
duty. 

Sec. 30. The authority herein given to Inspectors shall 
be exercised in conformity with law, and such regulations 
as may be established by the Penitentiary Board, and then 
only in correcting abuses and removing complaints, where 
convicts are employed outside the prison walls. 

Sec. 31. The present Assistant Superintendents may be 
continued by the Governor as inspectors without making 
new appointments. 

THE PHYSICIAN AND HIS DUTIES. 

Sec. 32. The Penitentiary Board shall appoint for each 
Penitentiary, when organized, a Physician, who shall hold 
his office for two years, unless sooner removed by said 
Board, and perform such duties as may be required by the 
Board in addition hereto. 

Sec. 33. The Physician shall visit the Penitentiary daily, 
and as much oftener as may be necessary, for the purpose 
of ascertaining the health of the convicts and giving proper 
medical attention to such as may require it. He shall at- 
tend immediately upon any case of sickness in the prison- 
when notified thereof, and he shall, when required, examine 
any convict as to his physical ability to perform work at 
which it is proposed to place him, and report result to the 
Assistant Superintendent. 

Sec. 34. He shall notify the Assistant Superintendent, 
when, on account of ill health, it may be deemed advisable 
to remove a convict from the Penitentiary to some health- 
ier locality, and he shall cause any convict with a contag- 
ious or infectious disease to be removed to some place to 
prevent the spread of such disease. 



84 Penitentiary Regulations 

Sec. 35. Nurses may be employed by the Physician, 
with the approval of the Assistant Superin! endent, in se- 
rious cases of sickness or epidemics. 

Sec. 36. A convict afflicted with serious illness or dan- 
gerous disease, shall not, in such condition, be discharged 
from the Penitentiary, except upon his own request, al- 
though his time of imprisonment may have expired. 

Sec. 37. He is specially charged with the sanitary reg- 
ulations of the Penitentiary, and shall make frequent in- 
spections and use all precautions to keep the prison healthy, 
and prevent the introduction and spread of epidemic or con- 
tagious diseases. 

Sec. 38. The Physician shall keep a journal in which he 
shall enter the name of each convict treated by him or 
under his direction, noting duration of sickness, disease, 
treatment, date of discharge from hospital, or treatment, 
with such other entries as he may deem important, which 
journal shall, at all times, be open to the inspection of the 
Assistant Superintendent and the Superintendent. 

Sec. 39. He shall make such reports as required by the 
Governor, Penitentiary Board, or Superintendent. He shall 
make a bi-ennial report to accompany that of the Assistant 
Superintendent, in which he shall state the number of cases 
of sickness during the two preceding years, diseases, num- 
of deaths and diseases with which they died, the number 
and character of surgical operations performed, such sug- 
gestions as he may deem important to the improvement of 
the sanitary condition of the prison; also any facts or inci- 
dents that he may deem of general interest or of benefit to 
science. 

THE CHAPLAIN AND HIS DUTIES. 

Sec. 40. The Penitentiary Board shall appoint a Chap- 
lain for each Penitentiary, when organized, who shall hold 
his office for two years, unless sooner removed by them. 

Sec. 41. The Chaplain shall preach at least once every 
Sunday to the convicts, and shall establish such associa- 
tions, Sabbath Schools and other schools for the benefit of 
the convicts, as he may deem proper, having due regard to 



Penitentiary Regulations. 85 

the rules of the prison and being careful not to conflict in 
any manner with the discipline of the prison and the regu- 
lar hours for labor. 

Sec. 42. He may, at convenient times, visit convicts 
during their hours of license, during week days, an- 1 also 
in the hospital and at their cells, and administer to all such 
advice and consolation as he may deem best calculated to 
promote reformation. He must, at all times, impress upon 
them the necessity of a strict compliance with prison rules. 
He must use his best endeavors on all occasions to incul- 
cate in them sound principles of religion and morality, but 
he shall not, in his conversations or discourses, discuss doc- 
trines merely sectarian, but shall teach such principles of 
religion and morality as are common to all Christian 
churches. 

Sec. 43. By permission of the Physician, he may visit 
sick convicts, and shall always be admitted to the bedside 
of any convict in a dying condition. 

Sec. 44. Preachers, ministers and priests of all religious 
denominations shall, by the consent of the Superintendent, 
Assistant Superintendent or Chaplain, have access to the 
Penitentiaries, and may at any seasoanble time be allowed 
to preach to the convicts. A convict shall, at all proper 
times, be permitted to receive visits from, and hold con- 
verse with any preacher, minister or priest he may desire 
to see. 

Sec 45. The Chaplain shall be ex-officio Librarian of 
the Penitentiary, and perform such other duties not herein 
prescribed, as the rules may require. 

THE UNDER OFFICERS AND EMPOYES. 

Sec. 46. The Assistant Superintendent of each Peniten- 
tiary shall appoint, with the approval of the Superinten- 
dent, such number of under officers as may be necessary to 
preserve discipline and prevent escapes; provided, no per- 
son under twenty-one years of age shall be employed as a 
Guard; and provided, that during the present lease the 
Lessees have the right under their contract to appoint Under 
Officers and Guards, but subject to removal by the Superin- 



86 Penitentiary Regulations. 

tendent, Assistant Superintendent or Inspectors, for ineffi- 
ciency or misconduct. 

Sec. 47. All Under Officers and employes shall be sub- 
ject to the orders of the Assistant Superintendent, and 
shall, in all things, comply with his directions. Any com- 
plaint of ill treatment toward them on his part may be 
made to the Superintendent, who shall inquire into the same 
and take such action as the facts may seem to demand. 

Sec. 48. When the Penitentiaries are being operated on 
State account the Superintendent, under the direction of 
the State Board, may employ such number of skilled work- 
men or other employes as may be deemed essential to 
their successful operation and to the pecuniary interest of 
the State. 

Sec. 49. Under Officers and employes shall, after the ter- 
mination of the present lease, receive such compensation 
for their services as the Penitentiary Board may prescribe 
(the maximum amount of such compensation to be fixed by 
said Board before another lease is made), to be paid in such 
manner as may be prescribed by the Board. 

THE TREATMENT OF CONVICTS, AND GENERAL PROVISIONS. 

Sec 50. The various provisions of this act are designed 
to secure to the convicts humane treatment, suitable moral 
instruction, to provide for their health, and to extend to 
them such comforts and privileges as may be consistent 
with their situations, and at the same time to require of 
them a due attention to their various duties, and a strict 
observance of the discipline, rules and regulations of the 
prison. 

Sec. 51. The convicts shall all be treated with human- 
ity; but a distinction may be made in their treatment so as 
to extend to such as are orderly, industrious and obedient, 
comforts and privileges according to their deserts. There- 
wards bestowed upon convicts for good conduct shall con- 
sist of a relaxation of strict prison rules, shall consist of an 
extension of social privileges, permission to read and write, 
and such other privileges as may not be inconsistent with 
proper discipline. Commutation of time for good conduct 



Penitentiary Regulations. 87 

may be granted by the Superintendent as follows: For 
each month in which no charge of misconduct is sustained 
or charged, first year, two days per month, twenty-four 
days per year; second year, three days per month; third 
year, four days per month; fourth year, five days per month; 
fifth year, six days per month; sixth year, seven days per 
month; seventh year, eight days per month; eighth year, 
nine days per month; ninth year, ten days per month; tenth 
year, and all succeeding years, fifteen days per month. 
For each sustained charge of misconduct the commutation 
for one month in that year to be forfeited; and for any mu- 
tinous conduct, conspiracy or escape, or attempt to escape, 
all good time made to that date to be forfeited. For extra 
meritorious conduct on the part of any convict, he shall be 
recommended to the favorable consideration of the Gover- 
nor for increased commutation or pardon. 

Sec. 52. The punishments that may be prescribed by 
the Penitentiary Board shall consist of deprivation of 
privileges, closer imprisonment, confinement in cell on 
bread and water, confinement in dark cell, confinement in 
irons, and other punishments of like characler; but a con- 
vict shall not be deprived of his food at regular hours, ex- 
cept as above provided. Whipping may be resorted to 
upon a special order in writing from the Superintendent or 
Assistant Superintendent or Inspector, in aggravated and 
particular cases, and under such rules and instructions as 
may be prescribed in the rules. A convict's head shall 
not be shaved in any instance; nor shall stocks or "horse" 
be used under any circumstances. 

Sec. 53. Suitable clothing, substantial material and un- 
iform make, and sufficient food of wholesome quality, shall 
be furnished to all, and, in order that all convicts be fed 
alike, as near as practicable, the rules shall prescribe the 
kind, quality and variety of food to be furnished. Con- 
victs are to be allowed no spirituous, vinous or malt liquors, 
except upon prescription of the Physician. 

Sec. 54. Convicts sentenced to hard labor shall be kept 
at work,|under such rules and regulations as may be 
adopted, but no labor shall be required of any convict on 
Sunday except such as is absolutely necessary; and no 



88 Penitentiary Regulations. 

greater amount of labor shall be required of any convict 
than a due regard for his physical health and strength may 
render proper; nor shall any convict be placed at such la- 
bor as the Penitentiary Physician may pronounce him 
physically unable to perform. 

Sec. 55. Convicts who have been reported by the 
Physician, Inspector or other officer in charge, as in a con- 
dition of health which requires their removal to some other 
place, shall be accordingly promptly removed, but under 
such regulations and in such manner as will prevent escape. 

Sec. 56. Convicts, when received into the Penitentiary, 
shall be carefully searched. If money be found on the 
person of a convict, or re'ceived hy him at any time, it shall 
be taken charge of by the Assistant Superintendent and 
placed to the convict's credit, and expended by him for 
the convict's benefit on his written order^and under such 
restrictions as may be prescribed by the rules. Any offi- 
cer who, having charge of a convict's money, misappro- 
priates the same or any part thereof, or who seeks to spec- 
ulate on such convict, shall be removed from office. 

Sec. 57. Convicts of different sexes shall be kept sep- 
arate and apart. If a female convict be received with an 
infant child, or if any child shall be born in the Peniten- 
tiary, the child shall be permitted to remain with its 
mother until four years of age, when it shall be provided 
for as may be prescribed by the Penitentiary Board. 

Sec. 58. It shall be the duty of the Assistant Superin- 
tendent, Inspector or other officer in charge of the Peni- 
tentiary, division or convict camp or force, to have all con- 
victs who may die while in custody decently buried, and each 
grave marked by a board with the name of convict, date 
of death, age if known, and county whence sentenced, in- 
scribed thereon. 

Sec. 59. Convicts who are unable to read or write may 
receive instructions under such regulations as may be pre- 
scribed by the Penitentiary Board; and the said board 
may, whenever practicable to do so, employ a competent 
teacher for that purpose. 

Sec. 60. When a convict is entitled to his discharge 



Penitentiary Regulations. 89 

from prison, he shall be furnished with a written or printed 
discharge from the Superintendent of Penitentiaries, with 
seal affixed, giving convict's name, date of sentence, from 
what county, amount of commutation received, if any, and 
such other description as may be practicable. He shall be 
furnished with a plain suit of citizen's clothing, five dol- 
lars in money, and railroad transportation to nearest depot 
to county seat from whence sentenced, not to exceed fif- 
teen dollars; but if convict prefers, he may receive trans- 
portation tickets for same distance in some other direction. 

SALARIES OF PENITENTIARY OFFICERS. 

Sec. 61. The Superintendent of Penitentiaries shall re- 
ceive an annual salary of twenty-five hundred dollars, to 
include his traveling expenses. 

Sec. 62. The Assistant Superintendents shall each receive 
an annual salary of fifteen hundred dollars, and no more. 

Sec. 63. The Inspectors shall each receive an annual 
salary of two thousand dollars, and no more, to include 
traveling expenses. 

Sec 64. The Physicians of the Penitentiary shall re- 
ceive an annual salary of seven hundred and fifty dollars, 
and no more. 

Sec 65. The Chaplains of the Penitentiary shall each 
receive an annual salary of three hundred dollars, and no 
more. 

VISITS TO THE PENITENTIARIES. 

Sec 66. The Governor and all other members of the 
executive and judicial departments of the government, and 
members of the Legislature, shall be admitted into the 
Penitentiaries at all proper hours, for the purpose of ob- 
serving the conduct and operations thereof, and may hold 
conversations with the convicts apart from any of the 
prison officers. 

Sec 67. Other persons may visit the Penitentiaries un- 
der such rules and restrictions as may be established. 

LEASES AND LESSEES OF THE PENITENTIARIES. 

Sec 68. The system of labor in the State Penitentia- 



90 Penitentiary Regulations. 

rles shall be by lease, by contract, by' the State, or partly 
By one system and partly by the others, as shall be in the 
discretion of the Penitentiary Board deemed for the best 
interest of the State. 

9 

-J Sec. 69. Whenever practicable, the Penitentiaries may 
|p*e operated under a lease, in accordance with the regula- 
tions herein prescribed; but no lease shall be made by 
sghich the control of the convicts, except as to a reasonable 
amount of labor, shall pass from the State or its officers, 
and the management of convicts shall in all cases and un- 
der all circumstances remain under the control of the State 
#nd its officers. 

Sec. 70. Each lease of the Penitentiaries shall be for 
some definite term, not to exceed fifteen years, after pub- 
&c notice by advertisement in at least three newspapers in 
the State, and shall be executed by the Governor, with the 
concurrence of the Penitentiary Board, upon such terms 
afad conditions as said board may deem best for the public 
interest, special regard being had as far as practicable to 
the exaction of the penalty imposed by law on each con- 
yjict, and to the protection, well being and humane treat- 
ment to which a convict is entitled at the hands of the 
State; provided, that the said board, in order to organize 
and put in operation the Rusk Penitentiary to the end that 
d greater number of convicts shall be confined within the 
walls before the termination of the present lease, and, as 
soon as practicable, shall have the power to modify the 
terms of the present lease so as to include both Peniten- 
garies and to extend the said lease. 

" Sec. 7,1. In case of a lease of any Penitentiary, the les- 
see or lessees shall execute and deliver to the Governor a 
ftbnd in an amount to be designated by the Penitentiary 
Board, with two or more good and sufficient sureties, to 
$fe approved by said board, payable to the Governor, and 
conditioned that the lessee or lessees shall faithfully com- 
j^ly with the terms of the lease, which bond shall be depos- 
ited in the office of the Secretary of State. 

Sec. 72. Every lease shall be subject to the approval or' 
revocation of the first Legislature thereafter convened, and 
tfo any and all existing laws touching the penitentiaries and 



Penitentiary Begulations. 91 

convicts, or any others thereafter passed; and any failure 
on the part of a lessee to carry out in good faith any of 
the terms of his lease, or to comply with any of the condi- 
tions of any bond he may have executed, shall ipso facto 
operate as a forfeiture of such lease, and the Governor may 
so declare, and at once resume control of the Penitentiary 
or Penitentiaries, and every lease shall be subject to the 
reservations to the State contained in this act, whether 
specified in the lease or not, and the State shall not, under 
the guise of contract, or in any other manner, part with 
the right to direct how at any time and under all circum- 
stances its convicts shall be lodged, fed, clothed, worked, 
guarded and treated. 

Sec. 73. The Penitentiary Board may make and change 
at pleasure all rules for the discipline and punishment of 
convicts, and how they shall be fed, clothed, worked, 
guarded or instructed, and for the purpose of enforcing 
any regulations touching the physical capacity of convicts 
to perform certain kinds of labor, or regulation requiring 
certain convicts to be kept within the prison walls. The 
Superintendent may require the lessees of the Penitentiaries 
to change convicts from one kind of labor to another, and 
to remove them within the prison walls. 

Sec. 74. Whenever a Penitentiary is leased, an inven- 
tory ai d valuation of all the materials, machinery and 
property of every description belonging to the Peniten- 
tiary, except such reservations as the Penitentiary Board 
may direct, and except the land, shall be made by apprais- 
ers, one of whom shall be appointed by the Governor and 
the other by the lessees, and in case of disagreement between 
the appraisers, they shall select an umpire. Upon comple- 
tion of the appraisement and its return to the Governor, un- 
der oath, the property shall be receipted for to the Governor 
at its appraised value. 

Sec. 75. Upon the termination of any lease, by limita- 
tion or otherwise, the lessee shall quietly and peacefully 
surrender and return to the State all property belonging to 
to the Penitentiary; when a like inventory and valuation 
shall be made of all property belonging to the State, or to 
the possession of which it may be entitled under the terms 



92 Penitentiary Regulations. 

of the lease. For all property returned in good order and 
repair the lessees shall be credited with the value thereof, 
as fixed by appraisement, when he received it. For all 
property returned, not in good order and repair, the lessees 
and sureties shall be charged with such amount, to be esti- 
mated by appraisers, as will be necessary to put the same 
in good order and repair, and for all property received 
from the State and not returned, the lessees and their sure- 
ties shall pay the value thereof, as fixed by appraisement 
when received, except that the lessees shall not pay for 
property destroyed by fire, or otherwise, not occasioned by 
the fault of themselves or their employes. 

Sec. 76. The lessees shall have the use of all lands, 
buildings, machinery, tools and other property connected 
with the Penitentiary leased, and may make improvements 
and additions to the Penitentiaries with the approval of 
the Penitentiary Board, and under such limitations as may 
be prescribed by law, and such lessees shall be allowed a 
reasonable compensation for such improvements as are of a 
permanent nature at the expiration of the lease, the amount 
of such compensation to be determined by said board; pro- 
vided, if any improvements are made by lessees with the 
approval and consent of said board, and the said lessees, 
by the terms of the lease, have to pay to the State any 
moneys before the termination of the lease, they shall be 
credited with said improvements, fiist, on any funds that 
may then be due the State; or, second, out of first moneys 
which may become due the State on account of said lease. 

Sec. 77. Lessees shall have the right to introduce into 
the Penitentiaries such skilled labor as they may deem 
proper and necessary for the efficient operation of convict 
labor, and to superintend and instruct the same, but such 
employes to be subject to the rules of the prison. 

Sec. 78. The lessees shall furnish everything necessary 
for the support and maintenance of the Penitentiary leased, 
including the salaries of all officers, and the compensation 
of under officers, to be paid as may be directed by the Pen- 
itentiary Board. In the execution of any lease, the Peni- 
tentiary Board may make such other stipulations and 
agreements, not inconsistent with the provisions of this 



Penitentiary Regulations. 93 

act, as it may deem to the interest of the State or essential 
to its protection, and such stipulations and agreements shall 
be binding in all respects upon the lessees, and the bond 
given shall be construed to extend to and include the per- 
formance of such stipulations and agreements, in the same 
manner as if the duties were imposed by positive law. 

Sec. 19. The right to hire out convicts and to operate 
them outside the walls, either by the State or lessees, is ex- 
pressly given, but they shall be hired out in as large forces 
as practicable, concentrated as much as possible, and easily 
accessible, so that they may be kept more secure, better 
provided for, and more frequently inspected. 

Sec. 80. The Penitentiary Board may prescribe what 
class or classes of convicts may be hired out or put to la- 
bor outside the prison walls, and such other regulations 
pertaining to the same as may be deemed proper, but no 
convict shall be put to outside labor when his labor can be 
utilized within the walls; provided, that on the first day of 
January, 1882, or as soon thereafter as practicable, the 
Penitentiary Board shall provide that as many convicts as 
can be comfortably accommodated and profitably employed 
be confined within the walls of the Penitentiaries now or 
hereafter established. 

Sec. 81. The Superintendent, with the Governor's ap- 
proval, may offer such reward for the apprehension of an 
escaped convict, not exceeding one hundred dollars, exclu- 
sive of expenses of delivery, as may be fixed by the Peni- 
tentiary Board, and to be paid as directed by the said board, 
the reward and expenses either from the Penitentiary lease 
fund, or from the appropriation for the arrest of fugitives 
from justice. 

Sec. 82. The provisions of this act shall apply to the 
present lease of the Penitentiary at Huntsville, but shall 
not be construed to increase or add to the pecuniary respon- 
sibilities or obligations of the present lessees and their 
sureties as they stood when they executed their bond to the 
State. 

Sec 83. That this act is intended to take the place of 
all other laws in regard to the organization of the Peni- 



94 Penitentiary Regulations. 

tentiaries, and that all acts and parts of acts in conflict 
herewith are hereby repealed. 

Sec. 84. The fact of the near approach of the end of 
the session rendering it impossible to do so constitutes an 
emergency and an imperative public necessity, which jus- 
tifies the suspension of the constitutional rule requiring this 
bill to be read on three several days, therefore the said rule 
is hereby suspended; and whereas, it is necessary that work 
should be commenced at once, under the provisions of this 
bill, therefore an emergency exists which requires that this 
act take effect and be in force from and after its passage, 
and it is so enacted. 

Approved March 17, A. D. 1881. 

Takes effect from passage. 

Note. — The following sections of the foregoing act have 
been repealed or modified by General Laws Eighteenth 
Legislature, chapter 114, viz: 1, 6, 68, 69, 70, 71, 72, 74, 
75, 76, 77, 78, 79 and 82. 



CHAPTER CXIV. 

General Latcs of Texas passed at the Regular Session of 
the Eighteenth Legislature: An Act entitled " An Act 
to provide for the more efficient management of the Texas 
State Penitentiaries, and to make an appropriation 
therefor." 

Section 1. Be it enacted by the Legislature of the 
State of Texas, That the Penitentiary Board shall here- 
after consist of the Governor and two Commissioners of 
State Penitentiaries, to be apppointed by the Governor, 
with the advice and consent of the Senate; provided, the 
first appointment after this act goes into effect, may be 
made without confirmation by the Senate. Said commis- 
sioners shall hold their office for two years and until the 
appointment and qualification of their successors; and in 
case of a vacancy in said office the same shall be filled by 
executive appointment for the unexpired term. Said com- 
missioners shall each receive five dollars per day while in 
attendance on the meetings of the board, and their actual 



Penitentiary Regulations. 95 

traveling expenses. Two members thereof shall constitute 
a quorum for the transaction of business. 

Sec. 2. It shall be the duty of the Comptroller of Pub- 
lic Accounts to draw his warrant on the Treasurer for all 
sums due by the State, on account of the penitentiaries, 
upon the certificate of the Superintendent of Penitentiaries, 
approved by the Penitentiary Board; provided that the 
Penitentiary Board may make monthly estimates of the 
expenses of the penitentiaries; in which case the Comp- 
troller shall issue his warrant for such amount in favor 
of said Superintendent, and he shall file with the Comp- 
troller at the end of the month for which such estimate 
is made, vouchers for all payments made out of such 
amount; provided further, that the Penitentiary Board 
shall appoint a financial agent for the penitentiaries; and, 
in that event, said financial agent shall exercise the 
powers and perform the duties prescribed in this section, 
for the Superintendent of Penitentiaries, and said finan- 
cial agent shall receive such compensation, not to exceed 
three thousand dollars per annum, and discharge such 
other duties as may be prescribed by said board. 

Sec. 3. No lease of the penitentiaries, or either of 
them, shall hereafter be made, and the State shall resume 
control thereof; and, for the purpose of resuming control 
of the penitentiaries and operating the convicts on State 
account, or by contract, or partly by one mode and partly 
by the other, as the board herein provided for, or the Leg- 
islature may determine. 

Sec. 4. It shall be the duty of the Penitentiary Board 
to confine all convicts within the walls of the penitentiaries 
as soon as suitable prisons can be provided for their con- 
finement and employment in such manner that they will 
be self-supporting; and, until adequate provision is made 
for such confinement and employment of the convicts, they 
may be employed as provided in Section 3 of this act; 
provided, that the convicts shall not be employed on any 
public works other than building a reformatory, or other 
penitentiaries, nor at any mechanical labor outside of the 
walls, in any city or town; provided further, that the Pen- 
itentiary Board may at any time, if they deem it advisable, 



96 Penitentiary Regulations. 

purchase a penitentiary farm or farms, upon which all con 
viets, not self-supporting may be worked by the State. 

Sec. 5. The Superintendent of Penitentiaries, before 
entering upon the duties of his office, shall execute a bond 
for twenty thousand dollars, payable to the Governor and 
his successors in office, to be approved by the Penitentiary 
Board, conditioned for the faithful performance of the 
duties of his office; and the Penitentiary Board may, when 
in their judgment the public interest will be promoted 
thereby, require any of the subordinate officers of the pen- 
itentiary to give bond in such amount and with such condi- 
tions as may be prescribed by the board; provided, that 
the Superintendent of Penitentiaries in office, when this act 
shall take effect, shall have sixty days after said date in 
which to give bond as required in this section. 

Sec. 6. That all laws and parts of laws in conflict with 
the provisions of this act be and the same are hereby 
repealed. 

Sec. 7. The near approach of the end of the session, 
and the great number of bills requiring attention, creates 
an emergency, and an imperative public necessity exists 
for the suspension of the constitutional rule requiring bills 
to be read on three several days; and that this act take 
effect and be in force from and after its passage; and it 
is so enacted. 

Approved April 18, 1883. 

Takes effect after passage. 



CHAPTER L. 

General Laws of Texas, passed at the Regular Session 
of the Eighteenth Legislature : An Act entitled "An 
Act to amend Article 1077 of Chapter 3, Title 15 of 
Code of Criminal Procedure, relating to fees paid for 
holding inquests." 

Section 1. Be it enacted by the Legislature of the 
State of Texas: That article 1077 of chapter 3, title 15 of 



Penitentiary Regulations. 97 

the Code of Criminal Procedure be amended so as to here- 
after read as follows: 

Article 1077. A justice of the peace shall be entitled 
for issuing a summons for a jury and all other business 
connected with an inquest on a dead body, including certi- 
fying and returning the proceeding to the proper court, 
the sum of five dollars, to be paid by the county; provided, 
that when an inquest is held over the dead body of a State 
penitentiary convict, the State shall pay the inquest fees 
allowed by law, of all officers, upon the approval of the 
account therefor by the county commisioners' court of the 
county in which the inquest may be held and the Superin- 
tendent of Penitentiaries; and provided further, that no 
inquest shall be held on the dead body of a State peniten- 
tiary convict if said convict died from disease and was 
attended by a regular physician, and a certificate by said 
physician showing said facts be filed in the office of the 
county judge of the county in which said convict died, and 
in the office of the Superintendent of Penitentiaries. 

Sec. 2. The fact that this bill may not be reached in 
the regular order creates a necessity for suspending 
the rule requiring this bill to be read on three several days, 
and it is hereby suspended. 

Approved March 31, 1883. 

Takes effect ninety days after adjournment. 



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